Trump Appeals to Supreme Court to Delay TikTok Ban As Presidential Inauguration Looms

In a significant legal move, President-elect Donald Trump has called on the U.S. Supreme Court to pause the implementation of a controversial law that might either ban TikTok in the U.S. or enforce its sale to an American company. This plea comes as part of a broader argument for allowing a political resolution to the issue after Trump assumes office on January 20, 2025.

This development marks a sharp reversal from Trump's previous stance in 2020 when he attempted to block TikTok due to concerns over its Chinese ownership and the potential risks it posed to national security. The law in question, passed by U.S. Congress in April, sets a deadline of January 19, 2025, for TikTok’s parent company, ByteDance, to divest its interest in the app. If unmet, TikTok could face a nationwide ban, impacting over 170 million users in the U.S.

The TikTok challenge is scheduled for a Supreme Court hearing on January 10, with the stakes being exceptionally high. Trump’s attorney, D. John Sauer, stated that the President-elect does not have an inclination on the merits of the case but emphasizes the need for a strategic pause.

Trump met with TikTok CEO Shou Zi Chew in December 2024, shortly after expressing a newfound appreciation for the platform, which he admitted played a significant role in his presidential campaign. This meeting underscores the evolving dynamics and the potential shift in policy approach regarding TikTok under Trump’s administration. Moreover, the company has consistently underscored that its operational and data management practices are based in the U.S., with Oracle Corp managing its cloud servers and content moderation decisions being made domestically.

The opposition to the TikTok ban isn't isolated to the platform and its user base. Free speech advocates have raised concerns to the Supreme Court about the law mirroring censorship actions seen in authoritarian regimes. On the flip side, the U.S. Justice Department and several U.S. legislators continue to argue that the Chinese control over TikTok represents an ongoing threat to national security.

Amplifying the legal discourse, Montana Attorney General Austin Knudsen, along with 22 other attorneys-general, filed an amicus brief supporting the enforcement of the divest-or-ban law. This collective stance highlights the broader national security concerns that overshadow the debates around potential economic and social impacts of a TikTok ban.

As the January deadlines draw near, the U.S. Supreme Court’s decisions in the coming days will be pivotal in determining the future operations of TikTok in the U.S., setting a crucial precedent for how foreign-owned social media platforms can operate in the country amidst national security concerns.