President-elect Donald Trump has requested the U.S. Supreme Court to delay the enforcement of a law that could ban TikTok or force its sale by its Chinese parent company, ByteDance. This request comes ahead of a pivotal hearing scheduled for January 10, 2025, when the Court is set to hear arguments regarding the legislation passed by Congress in April 2024. The law mandates that ByteDance sell TikTok to an American company by January 19, 2025, or face a ban due to national security concerns over Chinese ownership.
In his request, Trump emphasized that he does not wish to take a stance on the core issues of the dispute but instead is asking the Court to extend the deadline for divestment, allowing his administration time to pursue a political solution to the issue. Trump’s legal team argued that the incoming administration should have the opportunity to address the situation without the immediate pressure of the law’s deadline.
This move represents a stark shift in Trump’s position on TikTok. In 2020, he attempted to block the app in the United States, citing concerns over its Chinese ownership and potential security risks. At that time, Trump sought to force a sale of TikTok to an American company, a proposal that ultimately failed to materialize. However, in recent months, Trump has expressed more favorable views toward TikTok, even stating that he has a “warm spot” for the platform. During his presidential campaign, he also mentioned the billions of views he garnered on TikTok, further emphasizing his positive relationship with the app.
Trump’s request to the Supreme Court comes after TikTok has strongly defended itself against claims of Chinese influence. The company has argued that its user data is stored in the U.S. and that content moderation decisions for U.S. users are made domestically. Additionally, TikTok has stated that its content recommendation algorithm and data are managed by U.S. entities, including Oracle Corp.
Despite these defenses, the U.S. Justice Department continues to maintain that TikTok poses a significant national security threat due to its connections to China, a sentiment that is supported by a majority of U.S. lawmakers. Montana’s Attorney General, Austin Knudsen, is among 22 state attorneys general who filed an amicus brief with the Supreme Court, urging the Court to uphold the law and enforce the divest-or-ban provision.
With the January 19 deadline rapidly approaching, the Supreme Court’s decision will have major implications for TikTok’s future in the U.S. and could shape the incoming administration’s approach to foreign tech companies operating in the country.
