US President-elect Donald Trump has officially asked the Supreme Court to hit pause on the upcoming TikTok ban. His lawyer filed a legal brief last Friday, saying Trump “opposes banning TikTok” and wants time to work out a “political resolution” before the ban kicks in.
Right now, the clock is ticking. The court is set to hear arguments on January 10 about a law requiring TikTok’s Chinese owner, ByteDance, to either sell the app to an American company or face a ban by January 19—just one day before Trump takes office.
A Battle Between Free Speech and National Security
This whole issue revolves around a tense standoff between national security concerns and free speech rights. US officials have long accused ByteDance of having ties to the Chinese government, something the company denies. TikTok has 170 million users in the US, and its popularity hasn’t shielded it from scrutiny. Congress passed a law back in April—signed by President Joe Biden—that forces ByteDance to divest or risk the app being banned outright.
Trump’s court filing calls the case “an unprecedented, novel, and difficult tension” between protecting free speech and addressing foreign policy issues. Although the brief claims he “takes no position on the underlying merits of this dispute,” it emphasizes that delaying the ban would give him a chance to find a resolution without involving the courts further.
TikTok’s Uphill Legal Fight
For TikTok and ByteDance, it’s been a rough legal road. They’ve tried challenging the law, arguing that it threatens free speech protections guaranteed by the Constitution, but so far, they’ve made little progress. With no American buyers stepping up to acquire TikTok, their last-ditch effort now rests with the Supreme Court.
The court previously declined to block the law in an emergency ruling. However, it has agreed to hear arguments from TikTok, ByteDance, and the US government on January 10. If the court rules against TikTok, the app could be banned just 48 hours later.
Trump’s Surprising Shift
Here’s where things get interesting: Trump’s current stance is a departure from his earlier position. During his first term, he backed a similar move to ban TikTok over national security concerns. But now, he’s showing a softer side toward the app. “I have a warm spot in my heart for TikTok because I won youth by 34 points,” he said recently, despite most young voters supporting Kamala Harris.
Trump even met with TikTok’s CEO, Shou Zi Chew, at Mar-a-Lago last week. While details of their meeting haven’t been disclosed, it’s clear the platform’s fate is on Trump’s radar.
National Security Warnings Continue
Not everyone is on board with Trump’s warmer approach. The US Justice Department still views TikTok as a national security threat due to ByteDance’s alleged ties to the Chinese government. State governments have also raised red flags, with nearly two dozen state attorneys general, led by Montana’s Austin Knudsen, urging the Supreme Court to uphold the ban-or-divest law.
Earlier this month, a federal appeals court upheld the legislation, calling it “the culmination of extensive, bipartisan action by the Congress and successive presidents.” The broad political support suggests TikTok’s battle won’t be an easy one.
The Final Countdown
The stakes are sky-high as the January 10 hearing approaches. For TikTok, the Supreme Court’s decision will determine if it stays in the US or gets sidelined. For Trump, it’s a chance to step in and potentially broker a deal.
“This case represents an unprecedented, novel, and difficult tension,” Trump’s filing said, summing up the broader conflict between free speech and national security. Whatever the outcome, one thing’s for sure: the TikTok saga is far from over.
Trump’s Peace Plan for Ukraine: A Choice Between Principles and Pragmatism
