President-elect Donald Trump is seeking to halt the impending ban on TikTok, filing a brief with the U.S. Supreme Court to block legislation requiring the platform’s sale or shutdown by January 19. Trump’s involvement comes as TikTok, owned by Chinese company ByteDance, faces mounting scrutiny over its potential national security risks and impact on children.
The legislation in question, the Protecting Americans from Foreign Adversary Controlled Applications Act, was signed into law by President Joe Biden in April. It mandates that TikTok be sold to a non-Chinese entity or cease operations in the United States, citing concerns about data access by the Chinese government.
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A unanimous ruling by the U.S. Court of Appeals for the D.C. Circuit recently upheld the law, escalating the platform’s legal battle to the Supreme Court.
In his brief, Trump proposed addressing the issue through diplomatic negotiations once he assumes office on January 20, arguing that his leadership and negotiation skills would effectively balance national security concerns with the platform’s cultural significance.
“President Trump alone possesses the consummate deal-making expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government — concerns which President Trump himself has acknowledged,” the brief stated.
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TikTok’s Defense and First Amendment Concerns
TikTok has also filed an emergency application with the Supreme Court, claiming the law violates the First Amendment by threatening to silence millions of Americans who use the platform for communication, arts, and commerce. The company emphasized that banning the platform would stifle free speech and limit public discourse.
“Congress’s unprecedented attempt to single out petitioners and bar them from operating one of the nation’s most significant speech venues is profoundly unconstitutional,” TikTok argued in its brief.
Oral arguments are scheduled for January 10, with a Supreme Court ruling expected soon after Trump’s inauguration, further raising the stakes for both sides.
Balancing National Security and Free Speech
Trump’s critique of the legislative approach to banning TikTok aligns with his previous skepticism about such actions. During his first term, he sought restrictions on the platform, but he has since expressed concerns that banning TikTok could disproportionately benefit competitors like Meta.
“If you get rid of TikTok, Facebook and Zuckerschmuck will double their business. I don’t want Facebook, who cheated in the last election, doing better. They are a true Enemy of the People!” Trump stated on Truth Social earlier this year.
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The president-elect also underscored his extensive following on TikTok, highlighting its role as a vital tool for political communication. With 14.7 million followers, Trump argued that the platform’s removal would undermine freedom of expression and limit engagement with his base.
Rising Concerns Over TikTok’s Influence
The controversy surrounding TikTok extends beyond national security. Reports have surfaced about harmful content served to users, including live streams of violent acts and depressive material. Internal documents from TikTok reveal that the platform can become addictive for teenagers within 35 minutes, raising concerns about its impact on mental health.
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Studies show that 16% of teenagers aged 13 to 17 identify TikTok as their primary social media platform, amplifying the importance of regulating its use. Critics, including Trump’s advisors, have drawn parallels between social media addiction and substance addiction, pointing to significant links with anxiety, depression, and insomnia.
The Supreme Court’s ruling on TikTok will likely shape broader discussions on balancing national security, free speech, and the regulation of technology.
With oral arguments days before Trump’s inauguration, the outcome could define the incoming administration’s tech policy.
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