Key Points
- President-elect Trump seeks a Supreme Court delay on the TikTok ban or sale law.
- The law mandates TikTok’s sale or ban by January 19, one day before Trump takes office.
- Trump’s position marks a reversal from his 2020 efforts to ban the app.
- TikTok argues its operations and data are U.S.-based and secure. Attorneys general from 22 states filed a brief supporting the law’s enforcement.
President-elect Donald Trump has appealed to the U.S. Supreme Court to postpone the implementation of a law that would force the sale or ban of TikTok, the popular social media platform owned by China’s ByteDance. Trump argues that his incoming administration should have the opportunity to seek a political resolution to the issue before the law is enforced.
The Supreme Court is scheduled to hear arguments on January 10 regarding the legislation, which mandates that ByteDance either divest TikTok to an American company or face a U.S. ban. Congress voted in April to enforce the law by January 19, 2025. TikTok, which boasts over 170 million U.S. users, has challenged the law in court. Without a favorable ruling or a divestment agreement, the platform could be banned one day before Trump’s inauguration.
Trump’s request signaled a notable reversal from his 2020 stance when he advocated banning TikTok in the U.S. due to national security concerns tied to its Chinese ownership. His legal counsel, D. John Sauer, emphasized that Trump takes no position on the law’s merits but urges the court to stay its enforcement, allowing the new administration to explore a diplomatic resolution.
Trump’s interactions with TikTok have evolved significantly. In December, he met with TikTok CEO Shou Zi Chew. He acknowledged a personal appreciation for the app and noted its role in his presidential campaign, during which he received billions of views on the platform.
TikTok has maintained that its data is securely stored on U.S.-based servers managed by Oracle and that decisions affecting U.S. users are made domestically. Free speech advocates have criticized the law, likening it to censorship by authoritarian regimes. Meanwhile, the U.S. Justice Department and many lawmakers argue that TikTok’s Chinese ties pose an ongoing national security threat.
On Friday, Montana Attorney General Austin Knudsen led a coalition of 22 attorneys general in filing an amicus brief urging the Supreme Court to uphold the legislation. They emphasized the potential risks of continued Chinese ownership of the platform.