In April, U.S. President Joe Biden enacted a law giving TikTok’s parent company, ByteDance, 270 days to divest its U.S. operations, citing national security concerns. If ByteDance fails to comply, the law mandates app store operators like Apple and Google to remove TikTok from their platforms. These measures have sparked widespread debate over their legality and impact.
In response, U.S. President-elect Donald Trump has formally urged the Supreme Court to delay the ban, advocating for a negotiated resolution. According to a legal document filed on Friday by John Sauer, Trump’s nominee for Solicitor General, Trump opposes the immediate removal of TikTok from the U.S. market. Sauer’s filing emphasizes Trump’s belief that a diplomatic solution can address the government’s national security concerns while allowing the platform to continue operating.
Trump, known for his negotiation skills, has expressed optimism about resolving the issue politically after taking office. During a recent event hosted by Turning Point USA in Phoenix, Arizona, Trump hinted at the potential for TikTok to remain operational in the U.S., noting its role in engaging voters during the election. “It may stick around for a little while,” he remarked, suggesting openness to compromise.
TikTok and ByteDance have also taken legal action to fight the ban. In May, TikTok sued the U.S. government, claiming the ban violates constitutional protections. However, in early December, the U.S. Court of Appeals in Washington, D.C., dismissed TikTok’s argument. On December 16, TikTok escalated the matter by requesting the Supreme Court to pause the enforcement of Biden’s law.
TikTok argues that the ban would effectively silence one of America’s most popular platforms for political, artistic, and commercial expression, especially on the eve of a presidential inauguration. The company contends that this violates users’ rights and could cause irreparable harm to the platform and its community.
On December 18, the Supreme Court agreed to review TikTok’s request to block the law temporarily, setting the stage for a high-stakes legal battle. Trump’s appeal adds another dimension to the case, signaling a potential shift in approach once his administration begins.
As the debate unfolds, TikTok’s fate in the U.S. hangs in the balance, with significant implications for free speech, national security, and the digital economy.
