Key Points
- Senators Ed Markey and Rand Paul requested Biden extend the TikTok sale deadline by 90 days.
- The Supreme Court will hear arguments on TikTok’s legal challenge on January 10. The Justice Department views TikTok as a severe national security risk.
- TikTok and ByteDance argue the law violates First Amendment free speech rights. Senate leader Mitch McConnell demands strict adherence to the law.
- President-elect Donald Trump has softened his stance on TikTok, signaling potential reconsideration.
Democratic Senator Ed Markey and Republican Senator Rand Paul have called on President Joe Biden to extend by 90 days the January 19 deadline requiring China-based ByteDance to divest its U.S. TikTok assets or face a nationwide ban. This bipartisan request comes as the Supreme Court prepares to hear arguments on January 10 regarding ByteDance and TikTok’s legal challenge to the mandate. The company seeks an injunction to delay the sale or ban, citing constitutional concerns.
“Given the law’s uncertain future and its consequences for free expression, we urge you to trigger the 90-day extension before January 19,” the senators wrote in a letter to Biden. Both the White House and TikTok have yet to comment on the matter. The legal challenge follows a lower court ruling that upheld the law mandating TikTok’s divestiture.
The measure, signed into law by Biden earlier this year, stems from national security concerns voiced by the Justice Department. Officials claim TikTok’s access to vast amounts of American user data, including locations and private messages, and its potential to manipulate content constitute a serious risk. TikTok, used by approximately 170 million Americans, denies these allegations, insisting it poses no immediate threat to U.S. security. ByteDance and TikTok argue that the law violates First Amendment protections for free speech.
Meanwhile, Senate Republican leader Mitch McConnell has urged the Supreme Court to reject delays, equating TikTok to a “hardened criminal” and advocating strict law enforcement. Other senators, including Republican Josh Hawley and Democrat Richard Blumenthal, support ByteDance’s compliance with the mandate.
Adding complexity to the issue, President-elect Donald Trump has reversed his earlier stance on TikTok. Despite attempting to ban the app during his presidency in 2020, Trump now suggests he is open to reconsidering its future. He recently expressed a “warm spot” for TikTok and indicated he would review the situation upon taking office on January 20, a day after the deadline.