Trump Intervenes in TikTok Ban Battle, Urging Supreme Court Pause
Sign up for ARPU: Stay ahead of the curve on tech business trends.
President-elect Donald Trump has thrown his weight behind TikTok in its fight against a US ban, according to Bloomberg, joining the company in its challenge to a law that would force the divestiture of its US operations.
The law, set to take effect on January 19, would force TikTok's Chinese parent company, ByteDance, to divest its US operations. Trump's filing to the Supreme Court, submitted by his designated Solicitor General John Sauer, argues that the court should intervene to prevent the ban's immediate implementation, arguing for a "more measured schedule" for the court's deliberations.
Trump's intervention follows dueling arguments from TikTok and the Biden administration. The Justice Department, under Attorney General Merrick Garland, maintains that Chinese ownership of TikTok poses "grave national-security threats," citing the platform's collection of sensitive data from millions of Americans and its potential use as a tool for foreign influence operations.
TikTok, meanwhile, argues that Congress failed to adequately consider alternatives to an outright ban. The company contends that "even when national security is at stake, speech bans must be Congress’s last resort," according to its legal arguments.
Trump's stance on TikTok has evolved. While previously supporting a ban, he has recently expressed more favorable views towards the platform, suggesting it helped mobilize young voters in his favor during the recent election. He has also met with TikTok CEO Shou Chew, part of a broader series of meetings with tech executives.
Trump's filing highlights concerns about the law's potential impact on free speech and its broader implications. It argues that the law "may set a dangerous global precedent by exercising the extraordinary power to shut down an entire social-media platform based, in large part, on concerns about disfavored speech on that platform."
The Supreme Court is reviewing the law on an expedited timeline, with oral arguments scheduled for January 10. The case also faces separate challenges from a group of content creators.
The Justice Department's authority to enforce the ban and Trump's potential role in approving any divestiture proposals could significantly influence the outcome of the TikTok saga. Trump's intervention, while seemingly aligned with TikTok's arguments, is also likely to inject significant political uncertainty into the ongoing legal battle.