US President-elect Donald Trump on Friday (Dec 27) urged the United States Supreme Court to pause the looming TikTok ban, which is set to take effect the day before his January 20 inauguration unless the popular short video format application’s Chinese owner, ByteDance, divests it.
In a legal brief, Trump’s team argued for “more breathing space”.
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“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,” said Trump’s legal team wrote, urging the court to give him “the opportunity to pursue a political resolution.”
In his filing, Trump’s attorney emphasised that the president-elect is not taking a position on the case’s legal merits but is seeking flexibility for his administration to address the matter politically.
“President Trump takes no position on the underlying merits of this dispute,” wrote John Sauer in the amicus curiae brief.
“Instead, he respectfully requests that the court consider staying the act’s deadline for divestment of January 19, 2025, while it considers the merits of this case, thus permitting President Trump’s incoming Administration the opportunity to pursue a political resolution of the questions at issue in the case.”
Donald Trump’s changing TikTok stance
Trump had previously attempted to ban TikTok on national security grounds during his first term.
At the time, he cited fears of data misuse and propaganda from the Chinese government. These concerns, echoed by Democrats, led his successor, Joe Biden, to sign a law banning the app. However, Trump recently shifted his perspective and has since softened his stance.
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Last week, he expressed newfound support for the app, citing the need for competition against platforms like Facebook and Instagram, both owned by Meta.
“Now (that) I’m thinking about it. I’m for TikTok, because you need competition.”
“If you don’t have TikTok, you have Facebook and Instagram — and that’s, you know, that’s Zuckerberg,” he told Bloomberg.
The shift follows a meeting between Trump and TikTok CEO Shou Zi Chew at Mar-a-Lago, where Trump hinted at re-evaluating the app’s potential ban.
TikTok’s legal stand
In the US, a law, set to take effect on January 19, mandates TikTok’s sale to a non-Chinese owner or a full ban in the country. After the deadline, US-based app stores and internet providers could face significant fines for hosting TikTok unless it complies with the forced sale.
TikTok has challenged the law in court, arguing that the Protecting Americans from Foreign Adversary Controlled Applications Act violates its First Amendment rights. Last week, the Supreme Court agreed to hear the app’s appeal, with oral arguments set for January 10, leaving little time for resolution before the deadline.
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Free speech groups, including the ACLU, have also filed briefs opposing the ban, warning of potential censorship and disruption to users’ rights.
“Such a ban is unprecedented in our country and, if it goes into effect, will cause a far-reaching disruption in Americans’ ability to engage with the content and audiences of their choice online,” said rights group ACLU in its filing.
(With inputs from agencies)