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Trump Urges US Supreme Court to Delay TikTok Ban Decision

 December 28, 2024

President-elect Donald Trump is requesting that the U.S. Supreme Court pause its decision on the potential ban of TikTok, scheduled for Jan. 19, so he can address the national security concerns surrounding the app after he takes office.

Trump’s nominee for solicitor general, John Sauer, emphasized that the incoming president possesses the political will and expertise to resolve the issue, and therefore his legal team is asking the Supreme Court to delay its ruling on the TikTok ban until he can address the issue after the inauguration, as the Washington Examiner reports.

Trump Seeks SCOTUS Delay

The Supreme Court is set to hear oral arguments on Jan. 10 regarding the potential ban on TikTok, which could result in the app’s owner, ByteDance, being forced to sell the company by Jan. 19. The deadline for a decision falls just one day before Trump’s inauguration on Jan. 20, 2025.

Sauer, Trump’s nominee for solicitor general, called for the delay, suggesting that the incoming president be given the opportunity to tackle the issue once in office. According to Sauer, Trump’s skills in negotiation, his electoral mandate, and his ability to address national security issues make him uniquely positioned to handle the situation. Sauer further stated, “President Trump 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.”

Bipartisan lawmakers, along with some U.S. citizens, have voiced growing national security concerns over TikTok’s potential ties to the Chinese Communist Party. The debate over TikTok’s security implications began as fears mounted about data being harvested from American users and its potential misuse by foreign powers.

The U.S. government’s stance on the app escalated when Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act in April 2024. This law, signed by President Joe Biden, mandates action against foreign-owned apps that could pose a security threat. The law gave TikTok a deadline to either divest its U.S. operations or face a potential ban.

TikTok, which has a massive user base in the U.S., has denied any allegations that it poses a security risk. The company, owned by ByteDance, has consistently maintained that it operates independently of the Chinese government and that user data is kept safe.

Despite previous threats to ban TikTok during his presidency, Trump has taken a more lenient approach to the app this year. He has emphasized that, while he recognizes the security concerns, he does not support an outright ban at this juncture. Instead, Trump has expressed his intent to find a resolution once he assumes office, utilizing his political experience to engage in negotiations.

Debate Over National Security vs. Free Speech

One of the key issues surrounding TikTok’s future in the U.S. is its First Amendment implications. Supporters of the platform argue that banning the app would infringe on free speech rights, given TikTok’s role in American social media culture and its use as a platform for creative expression.

In an interview, Sauer reinforced the idea that Trump is the best-suited individual to resolve the TikTok matter. He said, “In light of these interests -- including, most importantly, his overarching responsibility for the United States’ national security and foreign policy -- President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office.”

Although Trump’s stance on TikTok has softened, the app’s legal challenges continue. TikTok has not only fought against the potential ban but also lobbied for a restructuring of its operations to meet U.S. national security concerns.

Trump’s personal relationship with TikTok has also drawn attention. He has a large presence on the platform, with over 14.7 million followers. Despite his concerns about national security, Trump’s online following and influence suggest that a full ban on TikTok could face significant resistance.

National Security Concerns Loom Over TikTok's Future

As January 19 approaches, the debate over TikTok’s future in the U.S. remains unresolved. Trump’s request for the Supreme Court to delay the deadline reflects his belief that national security issues related to TikTok can be addressed more effectively once he is in office. Whether the Court grants the delay or not, the matter will likely be a key focus of his early days in office.

The looming decision by the Supreme Court underscores the growing tension between national security concerns and the protection of First Amendment rights.

TikTok’s fate in the U.S. could set a precedent for future battles over digital privacy and security, especially as foreign-owned technology companies continue to expand globally.

While the legal and political landscape remains fluid, Trump’s position on the TikTok issue is clear. He is committed to negotiating a resolution and avoiding an outright ban, despite the national security risks that have been raised.

As the new administration takes shape, attention will focus on how Trump addresses not only the TikTok dilemma but also other pressing foreign policy and security concerns.

The outcome of the Supreme Court hearing and any subsequent negotiations will likely have significant implications for the tech industry and for the broader debate over government intervention in digital platforms.