Trump asks Supreme Court to pause TikTok ban, while Biden admin says app poses ‘grave’ threat
4 min read
President-elect Donald Trump has asked the U.S. Supreme Court to delay the implementation of a ban on TikTok, which is set to take effect on January 19. In a legal filing on Friday, Trump argued that a delay would allow his incoming administration time to explore a negotiated resolution, potentially preventing the ban. This request puts him in direct conflict with the Biden administration, which has strongly supported the ban, citing national security concerns related to the app’s operations in the U.S.
The case, one of the most significant pending matters before the Supreme Court, centers on whether Congress’s decision to approve the TikTok ban in April violates the First Amendment. The court has already scheduled oral arguments for January 10, and the outcome could have wide-ranging implications for free speech in the digital age. As the deadline for the ban approaches, a flurry of legal briefs has been filed, with Trump submitting a “friend-of-the-court” brief, along with several other organizations, lawmakers, and experts on both sides of the debate.
Trump’s filing did not directly address the First Amendment issues raised by the case but instead emphasized the need for a delay to allow his administration time to resolve the issue without resorting to a ban. He argued that this would help preserve the First Amendment rights of millions of Americans who use TikTok, while also addressing national security concerns. Trump’s brief claimed that, given the timing of the law, he was in a unique position to mediate a solution that would avoid the shutdown of a platform widely used by 170 million Americans.
Trump also pointed to the significant free speech implications of the ban, which would effectively shutter one of the most popular social media platforms in the U.S. He warned that the ban could set a dangerous precedent, granting the government the power to shut down a platform based on concerns about speech, particularly on a platform as influential as TikTok. His brief argued that the timing of the law’s effective date would “interfere” with his ability to manage U.S. foreign policy and negotiate a solution that balances both national security and First Amendment concerns.
While Trump advocated for a pause in the ban, the Biden administration has defended the legislation, arguing that TikTok poses a “grave” threat to U.S. national security. In its own legal brief, the administration emphasized that TikTok’s Chinese parent company could collect vast amounts of data on American users and potentially use the app to manipulate content for geopolitical purposes, such as spreading disinformation. The Biden administration echoed concerns raised by Congress, which passed the ban with bipartisan support due to fears that the app’s ownership could allow China to exert undue influence over U.S. social media.
Despite the national security concerns, Trump’s brief noted that his administration had previously raised similar concerns about TikTok, including signing an executive order to ban the app in 2020, though that order was blocked in court. However, he argued that the current law’s timing undermined his ability to resolve the issue before he took office. Delaying the ban would allow the incoming administration to explore other options, potentially preventing the need for a Supreme Court ruling on the First Amendment issue.
Several former Trump administration officials, including former Attorney General Jeff Sessions and former FCC Chairman Ajit Pai, filed briefs supporting the Biden administration’s position. Former Vice President Mike Pence, through his political group, also backed the ban, describing TikTok as a “technological weapon” and warning that the app could be used to manipulate American speech. The group emphasized that the First Amendment should not allow the Chinese government to control the content Americans can access.
TikTok, in its own filing, argued that the government’s efforts to shut down the app would violate the First Amendment by suppressing free speech. The company argued that Congress must consider less drastic measures, such as requiring greater transparency about the app’s ownership, before moving forward with a full ban. Groups advocating for free speech, including the American Civil Liberties Union (ACLU) and the Knight First Amendment Institute, also urged the court to consider the broader implications of the ban, arguing that such restrictions on speech could have dangerous consequences for Americans’ ability to engage with online content.
The case reflects a delicate balance between national security concerns and free speech rights, particularly as TikTok has become a key platform for news, entertainment, and communication. Earlier this month, a federal appeals court in Washington, D.C., upheld the ban, citing the government’s national security interests. The Supreme Court’s decision to hear the case and its fast-tracked timeline underscore the urgency of resolving this issue.
Trump’s brief was filed by D. John Sauer, whom he plans to nominate as solicitor general if confirmed. Sauer argued that delaying the ban would allow the incoming administration to explore a solution without forcing the court to rule on the complex First Amendment questions posed by the case.
About The Author
