Trump asks Supreme Court to delay TikTok ban, pledges to resolve dispute
What we know
President-elect Donald Trump has asked the U.S. Supreme Court to delay enforcement of TikTok’s impending ban, arguing that his incoming administration is uniquely positioned to resolve the ongoing dispute between the app’s Chinese ownership and U.S. national security concerns.
In an amicus brief filed Friday, Trump urged the justices to allow him to broker a deal after he takes office on Jan. 20, 2025.
"This case presents unprecedented tension between free-speech rights and national-security concerns," Trump’s brief stated. "As the incoming Chief Executive, I am the constitutional actor best equipped to address this issue."
The appeal comes as TikTok makes a final push to avoid the ban, filing its own brief alongside the Biden administration.
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The Supreme Court will hear arguments in January about whether the TikTok law limits free speech and violates the First Amendment.
TikTok’s final stand
TikTok argues the ban violates First Amendment protections, likening the platform to a modern-day newspaper serving 170 million U.S. users. In contrast, the Biden administration maintains that the app’s Chinese parent company, ByteDance, poses a significant security risk.
TikTok’s legal team claims the app’s U.S. operations are independent of Chinese government influence, insisting that no arm of Beijing has any ownership stake in TikTok Inc. or ByteDance. The company argues that banning the app would silence a critical avenue of expression and information-sharing for millions of Americans.
The looming ban stems from legislation passed in April requiring ByteDance to divest from TikTok or face removal from U.S. app stores. Lawmakers and national security officials fear the app could be used by the Chinese government to access user data or manipulate content.
Trump’s proposed solution
The TikTok short form video hosting service logo is seen on a mobile device in this illustration photo taken in Warsaw, Poland on 17 July, 2024. In an interview with Bloomberg BusinessWeek Trump said in light of the need for competition TikTok is nee
In a highly unusual move, Trump’s brief was filed in support of neither TikTok nor the Biden administration. Instead, the president-elect argued that the case should be postponed until he assumes office, allowing his administration to craft a resolution.
Steven Cheung, Trump’s spokesman, and incoming White House Communications Director, told FOX News Digital: "Through his historic victory, President Trump has received a mandate to protect both free speech and national security,"
Trump’s brief suggests he could negotiate an agreement that protects American interests while preserving TikTok’s presence in the U.S., echoing his administration’s earlier efforts to force ByteDance to sell TikTok to U.S.-based entities.
What’s next?
The Supreme Court is set to hear oral arguments on Jan. 10, just days before the ban is scheduled to take effect.
The case has drawn widespread attention for its implications on tech policy, free speech, and U.S.-China relations.
Virginia Attorney General Jason Miyares has backed the Biden administration, filing a brief urging the court to uphold the ban. Meanwhile, TikTok users and advocates argue that the app’s role in modern communication and culture makes its removal untenable.
The Source: This article contains reporting from FOX News Digital and FOX 5's Katie Barlow