President-elect Donald J. Trump has submitted a brief to the Supreme Court, urging the justices to hold off on enforcing a law that requires TikTok to be sold or shut down by January 19, the day before his inauguration. In this filing, Trump does not take a position on the First Amendment debate surrounding the law but instead focuses on providing his administration with the opportunity to address the issues through political means once he assumes office.
The law in question, which has garnered significant bipartisan support, stipulates that ByteDance, TikTok’s Chinese parent company, must divest the app to a non-Chinese entity or face a ban in the U.S. due to national security concerns. However, Trump argues that his unique understanding of social media platforms, his large following on TikTok, and his “consummate deal-making expertise” make him ideally suited to negotiate a solution that mitigates these concerns without banning the app.
Trump’s brief to the court highlights his belief that the platform is crucial for freedom of expression, particularly in political discourse, and cites international precedents like Brazil’s temporary ban on X (formerly Twitter) to argue against government censorship. His approach marks a significant pivot from his previous stance in 2020 when he attempted to ban TikTok, reflecting a changed perspective possibly influenced by his campaign’s use of the platform to connect with younger voters.
The Supreme Court is scheduled to hear arguments on the TikTok case, setting the stage for a legal battle that pits national security against freedom of speech, with the potential outcome affecting millions of American users. Trump’s request for a stay on the law’s deadline adds a layer of political intrigue to the case, suggesting that his incoming administration might seek a different path than the one currently charted by Congress and the outgoing administration.
The decision on this matter could have far-reaching implications for how the U.S. handles foreign-owned technology companies, data privacy, and digital freedom of expression.
