Trump urges delay on TikTok ban for negotiations

President-elect Donald Trump has filed a brief with the U.S. Supreme Court opposing the immediate ban of TikTok, urging the justices to grant time for his administration to resolve the issue through political negotiations.

The law, passed in April as part of a foreign aid package, could lead to a 25% tariff on the platform, citing national security concerns related to its Chinese ownership. TikTok, in a separate filing, challenged the constitutionality of the law, arguing it violates the First Amendment by silencing the speech of its 170 million American users.

TikTok’s lawyers emphasized their willingness to support national security measures but argued that banning the app was not the right solution. “We do not contest Congress’s compelling interest in protecting this nation’s security,” they wrote, but they argued that the law unfairly suppresses free speech. The Justice Department, defending the law, countered that it was designed to prevent foreign influence operations and protect sensitive data harvested by TikTok.

The Supreme Court will hear arguments on January 10 regarding whether the law violates the First Amendment. The justices have expedited the case, with a ruling potentially coming soon after. Alongside TikTok’s challenge, the Court will also consider a petition from users of the app to block the ban.

Trump, who previously sought to ban TikTok during his first term, has since softened his stance. In his brief, he argued that the ban should be delayed to allow his incoming administration to negotiate a resolution that balances national security concerns with the First Amendment rights of millions of American users. “The January 19 deadline interferes with my ability to manage U.S. foreign policy and pursue a resolution that could save a social media platform that provides a popular vehicle for tens of millions of Americans to exercise their core First Amendment rights,” Trump wrote.

The dispute stems from concerns over TikTok’s ties to China and its potential to be used for covert influence operations. The law mandates that TikTok either divest from its Chinese parent company, ByteDance, or face restrictions on access to U.S. app stores and web-hosting services. TikTok has argued that divestiture is not feasible, as the Chinese government is likely to block the sale of its algorithm, which is central to its success.

A panel of appeals court judges previously upheld the law, citing the government’s national security justification. “The burden is attributable to [China’s] hybrid commercial threat to U.S. national security, not to the U.S. government,” wrote Senior Judge Douglas Ginsburg in the unanimous decision. However, the ongoing legal battle has drawn support from civil liberties groups, TikTok users, and former national security officials, all weighing in on the constitutional and security implications of the case.