US President-elect Donald Trump has filed a brief with the US Supreme Court urging the justices to block a law that mandates the popular social media platform TikTok to either sell its US operations or shut down by January 19, TheNew York Times reported.
The timing of the deadline–days before Trump’s inauguration–has led to calls for a delay so that the incoming president can address the issue himself.
In his brief, President Trump refrains from taking a stance on the constitutional issue regarding the First Amendment, which will be argued by the court next month. The First Amendment challenge centres around whether Congress violated free speech rights by effectively banning TikTok. Instead, Trump’s brief focuses on his ability to resolve the matter through political means once he assumes office.
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“President Trump opposes banning TikTok in the United States at this juncture,” the brief stated. “He seeks the ability to resolve the issues at hand through political means once he takes office.” The brief further emphasised Trump’s “deal-making expertise,” which it claims makes him uniquely qualified to negotiate a solution that would protect both national security and the interests of TikTok’s 170 million US users.
Additionally, the brief highlights Trump’s prominent role in social media, specifically his 14.7 million followers on TikTok, which underscores his recognition of the platform’s importance for free expression, including political speech. “President Trump is one of the most powerful, prolific and influential users of social media in history,” it said. “Consistent with his commanding presence in this area, President Trump currently has 14.7 million followers on TikTok with whom he actively communicates, allowing him to evaluate TikTok’s importance as a unique medium for freedom of expression, including core political speech.”
TikTok’s own brief takes issue with the law’s application, arguing that the government’s approach infringes upon the First Amendment by restricting speech without sufficient evidence. In response, the Biden administration argues that the law is a necessary step to protect US national security. The administration contends that the Chinese government’s control of TikTok poses significant risks, particularly in terms of data privacy and potential influence operations. “The law addresses the serious threats to national security posed by the Chinese government’s control of TikTok, a platform that harvests sensitive data about tens of millions of Americans and would be a potent tool for covert influence operations by a foreign adversary,” the brief stated.
The administration’s defence of the law has sparked a strong response from content creators and users of TikTok, who argue that it violates their First Amendment rights, as per the report by The New York Times.
In a brief filed on behalf of users, it was pointed out that while the US and China are engaged in a geopolitical rivalry, the law’s sweeping actions against TikTok unjustly curtail Americans’ rights to free expression.
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“Nothing like the act here has ever been countenanced,” the user brief stated. “Its suppression of Americans’ speech flies in the face of our history, tradition and precedent.”
These competing briefs set the stage for the Supreme Court’s consideration of TikTok’s challenge to the law. The Court has scheduled a special session on January 10, in which it will hear arguments on both TikTok’s case and a separate case filed by creators and users of the platform. The outcome of these hearings will have significant implications for both national security and free speech.
The law at issue mandates that ByteDance, TikTok’s parent company, sell the app’s US operations or face a ban due to concerns over Chinese influence. The government contends that TikTok’s ownership structure, which includes ByteDance’s control from China, exposes the platform to undue influence from the Chinese government. ByteDance is incorporated in the Cayman Islands, with its headquarters in Beijing, making it subject to Chinese regulations.
The Supreme Court’s decision, which will come before the January 19 deadline, will determine the future of TikTok in the United States and shape the broader discourse on the intersection of technology, national security, and First Amendment rights.
