President-elect Donald Trump has filed a brief with the U.S. Supreme Court, urging it to block a law requiring the Chinese-owned social media platform TikTok to be sold or shut down by January 19. This request comes amid mounting legal challenges and a deadline established by legislation signed earlier this year by President Joe Biden.
In April, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, mandating the sale or shutdown of TikTok unless it is transferred to a non-Chinese entity. The law, aimed at addressing national security concerns related to potential Chinese government influence, was upheld earlier this month by a unanimous ruling from the U.S. Court of Appeals for the D.C. Circuit.
TikTok has also submitted an emergency application to the Supreme Court, arguing that the law infringes on First Amendment rights and risks silencing millions of Americans who use the platform for communication on politics, commerce, arts, and other public matters. The Supreme Court has agreed to hear the case, with oral arguments scheduled for January 10.
In his brief, Trump opposed the ban, suggesting the matter be resolved through negotiations after he assumes office on January 20. The filing emphasized his confidence in addressing national security concerns while preserving TikTok.
“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.
While Trump previously took action against TikTok during his first term, he has expressed skepticism about legislative bans, particularly voicing concerns about favoring 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 wrote on Truth Social in March.
The brief also highlighted Trump’s large TikTok following of 14.7 million users, stressing the platform’s role in political communication and free speech.
TikTok, in a separate filing on Friday, argued that the law is unconstitutional, stating that the government has failed to substantiate claims of national security risks.
“The government has banned an extraordinary amount of speech; demands deference to unsubstantiated predictions a future risk will materialize; and gets facts wrong when it bothers to provide them,” TikTok’s filing said. “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.”
The Supreme Court’s decision will likely have significant implications for TikTok’s future in the U.S. and broader discussions on balancing national security with free speech. With oral arguments set for January 10, the court’s ruling may coincide with Trump’s inauguration, intensifying the legal and political battle over the platform.
