President-elect Donald Trump has filed a brief with the U.S. Supreme Court seeking to delay enforcement of a law requiring TikTok to either divest its U.S. operations or cease operations entirely by January 19.
This deadline, set just days before Trump’s inauguration, has spurred calls for a deferral to allow the incoming administration to address the matter directly.
The brief does not address the constitutional issue of First Amendment protections, a topic the Supreme Court will consider next month. Instead, it highlights Trump’s intent to resolve the matter diplomatically after taking office. “President Trump opposes banning TikTok in the United States at this juncture,” the brief states, emphasizing his negotiation skills as uniquely suited to balancing national security concerns with the platform’s utility to its 170 million U.S. users.
Trump’s substantial presence on social media is also highlighted, with the brief noting his 14.7 million TikTok followers as evidence of his understanding of the platform’s importance to free expression and political discourse. “President Trump is one of the most powerful and prolific users of social media in history,” it asserts, arguing that this experience equips him to assess TikTok’s role in fostering freedom of expression.
TikTok’s legal team counters the legislation as an overreach that infringes on First Amendment rights, asserting that it imposes restrictions on speech without adequate justification. Conversely, the Biden administration defends the law as essential for national security, citing concerns over ByteDance, TikTok’s parent company, and its ties to the Chinese government.
“The law addresses serious threats posed by the Chinese government’s control of TikTok, which harvests sensitive data on millions of Americans and could serve as a tool for foreign influence operations,” the administration’s brief contends.
Resistance to the statute has also come from TikTok users and creators, who argue that the law unjustly curtails Americans’ free expression. A user-filed brief describes the legislation as unprecedented, stating, “The sweeping actions against TikTok unjustly curtail Americans’ speech, defying our history and constitutional traditions.”
The Supreme Court has scheduled a special session for January 10 to hear arguments from TikTok and a related case filed by content creators. A decision is expected before the January 19 deadline, with far-reaching implications for national security, technology policy, and constitutional rights.
The contested law requires ByteDance to divest TikTok’s U.S. operations or face a ban, citing concerns over the company’s ownership structure and exposure to Chinese regulatory authority. ByteDance’s incorporation in the Cayman Islands, coupled with its headquarters in Beijing, has amplified fears of undue Chinese government influence.
This case represents a critical juncture at the intersection of technology, geopolitics, and constitutional law.
Court’s decision will not only determine TikTok’s future in the U.S. but also establish significant precedents for regulating global digital platforms amid growing security concerns.
