Trump Urges Supreme Court to Block Potential TikTok Ban

Peter Thiel

President-elect Donald Trump has called on the Supreme Court to temporarily halt a law that could lead to a nationwide ban of TikTok, effective January 19, unless its Chinese owner, ByteDance, divests the app to an American company, MSNBC reports. In a comprehensive 25-page amicus brief submitted to the court, Trump proposed that the deadline be postponed to allow his incoming administration time to negotiate a solution that could preserve TikTok’s operation in the U.S. while addressing national security issues.

The law in question, the Protecting Americans from Foreign Adversary Controlled Applications Act, was passed with bipartisan support, driven by fears that the Chinese government might gain access to data from American TikTok users. TikTok, with its 170 million users in the U.S., contends that such a ban infringes on First Amendment rights to free speech.

Trump’s brief notably does not take a stance on the legal merits of the case but emphasizes his intent to use his “dealmaking expertise” to find a middle ground. He argues that his unique position, electoral mandate, and political will equip him to negotiate a resolution that balances national security with the free speech rights of millions of Americans.

The report notes that this call for negotiation comes in the wake of TikTok CEO Shou Zi Chew’s meeting with Trump at Mar-a-Lago, where Trump expressed a personal affinity for the app, hinting at a willingness to review the situation that could lead to the app’s salvation. Trump’s comments during a press conference about having a “warm spot” for TikTok further underscore his interest in finding a way to keep the platform operational.

The Supreme Court’s decision to hear the case, with oral arguments scheduled for January 10, sets the stage for this high-stakes legal battle. Both TikTok and the Justice Department submitted their briefs on the same day as Trump, reiterating their positions. TikTok continues to argue against the ban’s constitutionality, while the government maintains its stance on national security risks.

Trump’s involvement adds a layer of complexity, suggesting a potential political maneuver where he could leverage his influence to either save TikTok or use the situation to negotiate broader terms with China. His administration’s approach might focus on ensuring that, if TikTok remains available, it does so under conditions that mitigate any security risks while not alienating a significant portion of the American public or the app’s economic impact.

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