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Why Trump wants U.S. Supreme Court to delay TikTok ban

By Wycliffe Nyamasege
On 30 December 2024 at 10:49

In a surprising twist, President-elect Donald Trump has called upon the U.S. Supreme Court to postpone the implementation of a contentious law targeting TikTok.

The legislation, set to take effect on January 19, would either force TikTok’s Chinese owner, ByteDance, to sell the platform to an American company or result in a nationwide ban.

Trump’s appeal, filed just weeks before his inauguration, aims to buy time for a "political resolution" to the issue once he takes office.

TikTok’s troubles began when U.S. lawmakers accused ByteDance of posing a national security risk due to alleged ties with the Chinese government—claims the company has consistently denied.

Earlier this year, Congress passed a bill requiring ByteDance to divest TikTok, and President Biden signed it into law. Despite ByteDance’s legal challenges, no buyers have emerged, leaving the app’s future in limbo.

The Supreme Court is scheduled to hear arguments on January 10 about whether the law infringes upon First Amendment rights. However, Trump’s legal team has requested a stay on the January 19 deadline, arguing that the incoming administration should have the opportunity to address the matter diplomatically.

Trump’s latest stance represents a stark departure from his 2020 efforts to ban TikTok over similar security concerns. His recent shift appears tied to his burgeoning presence on the platform during his presidential campaign, which he credits for his strong support among younger voters.

“I have a warm spot in my heart for TikTok because I won youth by 34 points,” Trump remarked during a recent press conference, highlighting the app’s impact on his outreach efforts.

In a court filing, Trump’s lawyer, D. John Sauer, stated that the president-elect "takes no position on the underlying merits of this dispute" but seeks a delay to "pursue a political resolution" to the complex tensions between free speech and national security.

Trump has also expressed confidence in his ability to broker a deal that would preserve TikTok’s operations in the U.S. without compromising security concerns.

The case has drawn sharp divides. Free speech advocates argue that banning TikTok would set a dangerous precedent akin to authoritarian censorship.

Meanwhile, the U.S. Justice Department and a coalition of 22 state attorneys general, led by Montana’s Austin Knudsen, contend that TikTok’s Chinese ownership poses an ongoing threat to American national security.

TikTok’s CEO, Shou Zi Chew, met with Trump twice in recent weeks, reportedly discussing potential paths forward. While TikTok has long maintained that its U.S. operations are independent—with data stored on Oracle servers and content moderation handled domestically—the allegations have persisted.

The Supreme Court’s upcoming decision could mark a pivotal moment for TikTok and its 170 million American users. If the court declines to delay the deadline and no deal is reached, the app faces an imminent ban just a day before Trump’s inauguration.

Trump’s legal team argues that extending the timeline would allow for a diplomatic solution that avoids litigation.

“The incoming administration has the mandate, expertise, and political will to address this matter in a way that safeguards national security while preserving free expression,” Sauer’s filing stated.

Donald Trump’s latest stance represents a stark departure from his 2020 efforts to ban TikTok over security concerns.

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