Attorneys for President-elect Donald Trump have urged the Supreme Court to halt and postpone a rule that would require TikTok owner ByteDance to sell the short-form video app or have it prospectively banned in the United States with respect to the video streaming site TikTok until his administration can reach a “political resolution” to the matter.
If the app isn’t sold, the ban will take effect in only a few weeks, on January 19. ByteDance is challenging the law’s constitutionality, which is officially dubbed the Protecting Americans from Foreign Adversary Controlled Applications Act. TikTok urged that the court should overturn a legislation that might prohibit it by 19 January, while the government emphasized that the statute is required to reduce a national security concern. The Supreme Court will hear arguments on January 10.
The request come after TikTok and the Biden administration submitted opposing arguments to the court.
In a new brief, Trump’s attorneys describe the ban-or-sell deadline, which falls one day before his inauguration, as “unfortunate timing” that interferes with his “ability to manage the United States’ foreign policy.”
The filing does not specify how Trump will approach the issue, but it claims that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government.”
The lawsuit also states that he presently has 14.7 million TikTok followers, “allowing him to evaluate TikTok’s importance as a unique medium for freedom of expression, including core political speech.”
Supporters of the measure argue that TikTok poses a national security concern because the Chinese government may use it to collect data and spread propaganda to US viewers. Trump attempted to prohibit TikTok during his first term as president, but has since expressed support for the application. During his presidential campaign, he wrote on Truth Social: “FOR ALL OF THOSE THAT WANT TO SAVE TIK TOK IN AMERICA, VOTE TRUMP!”
Several civil rights and free speech organizations, such as the American Civil rights Union and Electronic Frontier, have filed their own brief supporting TikTok’s appeal, claiming that “the government has not presented credible evidence of ongoing or imminent harm caused by TikTok.”
Earlier this month, a panel of three federal judges from the United States Court of Appeals for the District of Columbia Circuit unanimously upheld the act, prompting TikTok to file an appeal with the Supreme Court.
TikTok’s attorneys said in their brief to the Supreme Court on Friday that the federal appeals court erred in its conclusion, which was predicated on “alleged ‘risks’ that China could exercise control” over TikTok’s US platform by pressing its international affiliates.
The Biden administration has argued in court that TikTok constitutes a national security danger because of its ties to Beijing.
Officials claim that Chinese authorities can compel ByteDance to provide over-information about TikTok’s US users or use the site to propagate or repress material.
However, the government “admits that it has no evidence that China has ever attempted to do so,” TikTok’s legal brief stated, adding that the US anxieties are based on potential possibilities.
In its brief on Friday, the Biden administration stated that because TikTok “is integrated with ByteDance and relies on its proprietary engine developed and maintained in China,” its business structure is risky.
The case presented to the court is the latest example of Trump interfering in national affairs before taking office.
The Republican president-elect has already begun negotiating with foreign countries about his tariff proposals, and he intervened earlier this month in a federal government funding plan, calling for the rejection of a bipartisan agreement and returning Republicans to the negotiation table.
He has been meeting with foreign leaders and corporate officials at his Mar-a-Lago club in Florida as he puts together his team, including a meeting with TikTok CEO Shou Chew last week.
Trump has flipped his attitude on the popular app, which he attempted to ban during his first term in office due to national security concerns.
He joined TikTok during his 2024 presidential campaign, and his team used it to interact with younger voters, particularly male voters, by promoting content that is intended to become viral.
He stated earlier this year that he still believed TikTok posed national security dangers, but he opposed banning it.
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