President-elect Donald Trump has stepped into the legal battle over TikTok, urging the Supreme Court on Friday to delay the app’s looming U.S. ban. Trump argued that a postponement would give his incoming administration time to broker a deal that addresses national security concerns while keeping the platform operational.
In an amicus brief filed Friday, Trump stated that only he has the “dealmaking expertise, electoral mandate, and political will” to resolve the issue. While he took no stance on the legal merits of the case, he emphasized that a delay could avoid forcing the court to rule on a complex First Amendment question.
The Supreme Court Case
TikTok is fighting a law signed by President Joe Biden in the spring that requires the app to sever ties with its Beijing-based parent company, ByteDance, or face removal from U.S. app stores starting January 19.
The law stems from bipartisan concerns that TikTok’s ownership poses a national security risk. U.S. officials warn that Chinese national security laws could compel ByteDance to share sensitive data or manipulate TikTok’s algorithm to spread propaganda.
The Department of Justice (DOJ) has defended the law as a narrowly tailored response to these threats, arguing it imposes only incidental burdens on free speech. Meanwhile, TikTok has countered that the ban violates its First Amendment rights and could harm the over 170 million Americans who use the app.
Oral arguments are scheduled for January 10, but it is unclear if the court will rule before the ban takes effect.
Trump’s Position on TikTok
Trump’s intervention marks a significant pivot from his earlier efforts to ban TikTok during his first term. On the campaign trail, however, he embraced the platform, praising its role in his success with younger voters in the 2024 election.
“We did go on TikTok, and we had a great response. We had billions and billions of views,” Trump told a crowd in Phoenix earlier this month. “Maybe we gotta keep this sucker around for a little while.”
Trump’s support for TikTok now pits him against many China hawks in his party, as well as most of the Washington establishment. Critics allege that his softened stance is influenced by billionaire TikTok investors connected to his campaign.
Key Arguments from Both Sides
- Pro-Ban Advocates: Lawmakers like Rep. John Moolenaar (R-Mich.) and Rep. Raja Krishnamoorthi (D-Ill.) argue the law is vital for national security. Former officials, including ex-FCC Chair Ajit Pai, also support the ban, citing the risks of Chinese government influence.
- Opponents of the Ban: Groups like the ACLU and lawmakers such as Sen. Rand Paul (R-Ky.) argue the law fails to meet First Amendment standards and could set a dangerous precedent for free speech.
TikTok, meanwhile, has proposed measures to address security concerns without divestment, but these proposals have not satisfied U.S. officials.
What’s Next?
Both sides have until January 3 to file reply briefs. Without intervention from the Supreme Court, the ban will take effect on January 19, potentially forcing the app offline in the U.S.
Trump’s involvement raises the stakes, with the president-elect positioning himself as a potential dealmaker. Rep. Moolenaar suggested that negotiating a forced sale could become “the deal of the century” under Trump’s leadership.
As the high court deliberates, the decision could have profound implications for national security, free speech, and the broader tech industry.
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