In a dramatic move, US President-elect Donald Trump filed a legal brief on Friday urging the Supreme Court to halt the enforcement of a law that would ban TikTok if not sold by its Chinese parent company, ByteDance. The ban is set to take effect just one day before Trump’s January 20 inauguration.
Trump’s legal team requested a stay on the statutory deadline, citing the complexity of the case and the need for additional time to explore a political resolution.
“In light of the novelty and difficulty of this case, the court should consider staying the statutory deadline to grant more breathing space to address these issues,” Trump’s legal team argued.
During his first term, Trump was a vocal critic of TikTok, labeling it a national security threat and unsuccessfully attempting to ban the app outright.
His concerns, shared by some political rivals, centered on allegations that the Chinese government could exploit TikTok to access U.S. user data or influence the content Americans consume. ByteDance and the Chinese government have repeatedly denied these claims.
Trump previously advocated for a U.S. company to purchase TikTok, proposing that the government receive a share of the sale proceeds.
His successor, Joe Biden, later intensified these efforts by signing a law to ban TikTok over similar security fears, further escalating tensions.
The legal battle has reignited debate over the balance between national security and free speech. TikTok has appealed the law under the Protecting Americans from Foreign Adversary Controlled Applications Act, arguing that the move violates its First Amendment rights.
The Supreme Court agreed last week to hear TikTok’s appeal, with oral arguments set for January 10. This expedited timeline has added urgency to the case, as the court must decide quickly whether to halt the law’s enforcement or allow it to proceed.
A coalition of free speech groups, including the American Civil Liberties Union (ACLU), has also opposed the law, filing a brief with the Supreme Court.
“Such a ban is unprecedented in our country and, if it goes into effect, will cause far-reaching disruption in Americans’ ability to engage with content and audiences of their choice online,” the ACLU warned.
Trump’s legal brief clarified that the president-elect was not taking a position on the law’s merits but sought more time for his incoming administration to explore a diplomatic resolution.
“President Trump takes no position on the underlying merits of this dispute,” his lawyer, John Sauer, wrote in the filing. “Instead, he respectfully requests that the court stay the act’s deadline for divestment, allowing the opportunity to pursue a political resolution.”
The case has drawn significant attention, with both sides gearing up for a high-stakes legal battle. For now, the future of TikTok in the United States hangs in the balance, as questions of security, censorship, and free speech collide in a debate that could set a precedent for digital platforms worldwide.