Former President Donald Trump has petitioned the Supreme Court to delay the implementation of a contentious TikTok ban, set to take effect next month. In a legal brief filed Friday,
Trump argued that a pause would allow his incoming administration to explore a diplomatic solution, while the Biden administration defended the ban, citing significant national security concerns.
This case, one of the most critical before the Supreme Court, hinges on whether the ban—enacted by Congress in April—violates the First Amendment. The Court has scheduled oral arguments for January 10, with the ban slated to begin on January 19, just one day before Trump’s inauguration.
Trump’s position, submitted as a “friend-of-the-court” brief, underscores his intent to seek alternatives to the ban. Despite not being a party to the case, Trump’s filing reflects his pledge to “save” TikTok while addressing security concerns. Earlier this month, Trump met with TikTok CEO Shou Chew, who also engaged with him following Friday's legal filing, according to sources.
National Security vs. Free Speech
The Biden administration and bipartisan allies, including former Trump officials, strongly support the ban. They argue that TikTok’s Chinese ownership poses a severe security risk by collecting user data and potentially influencing public discourse.
In its filing, the Biden administration warned of the app’s ability to "manipulate content" and "sow discord during crises." Former officials, such as ex-Attorney General Jeff Sessions and former FCC Chairman Ajit Pai, echoed these concerns, with Mike Pence’s advocacy group labeling TikTok as “digital fentanyl.”
TikTok countered these arguments, asserting that the ban threatens the First Amendment by shutting down “one of the most significant speech platforms in America.” Advocacy groups like the ACLU and Knight First Amendment Institute also urged the Court to consider the implications for free speech.
Trump’s Proposed Solution
Trump’s brief avoided taking a definitive stance on the First Amendment issue but called for delaying the ban to allow for negotiation. He proposed exploring options to address national security concerns while preserving Americans’ access to the platform. The brief emphasized the app's significance for 170 million users and criticized the timing of the ban’s enactment.
Trump described the federal government’s actions as an unprecedented use of power to eliminate a platform, warning of its global implications. “The First Amendment implications of this act are sweeping and troubling,” he stated.
Supreme Court Dynamics
The Court’s decision will weigh national security concerns against potential infringements on free speech. The rapid timeline underscores the case’s urgency, with the Court moving the issue from its emergency docket to full consideration.
TikTok maintains that Congress should have pursued alternatives, such as disclosure requirements, before enacting a ban. Advocacy groups also warned of the broader implications for online expression if the government can restrict access to foreign media.
Trump’s legal representation, D. John Sauer, argued for a stay of the ban, advocating for negotiation as a more balanced resolution. “There are compelling reasons to delay the act’s deadline and allow President Trump to seek a negotiated solution once in office,” Sauer wrote.
As the Court prepares for oral arguments, the outcome of this case could set a significant precedent for how the government balances security with constitutional rights in the digital age. Photo by Solen Feyissa, Wikimedia commons.