President-elect Donald Trump has called for a delay in the January 19 deadline requiring the app’s sale or a potential ban as the United States Supreme Court prepares to hear a crucial case regarding TikTok’s future in the country.
The request, filed by Trump’s solicitor general nominee John Sauer, seeks additional time to negotiate a resolution that addresses national security concerns while allowing the platform to remain operational in the U.S.
Sauer’s brief argues that Trump is uniquely positioned to broker a deal that balances these competing interests. “President-elect Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform,” the filing states.
The administration’s request signals an intent to preserve TikTok’s operations while safeguarding the First Amendment rights of its millions of American users. At the heart of the dispute is the Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden in April.
The law requires TikTok’s Chinese parent company, ByteDance, to divest its U.S. operations due to national security concerns related to its ties with the Chinese government.
TikTok, with over 170 million U.S. users, has contested the law, claiming that the forced sale infringes on free speech rights. However, the company’s request for an emergency stay of the deadline was denied earlier this month by a federal appeals court. The Supreme Court is scheduled to hear arguments in the case on January 10.
In his brief, Sauer emphasizes the broader consequences of banning a platform with such a large user base, calling the potential decision a precedent-setting moment. “The power of a Western government to ban an entire social-media platform with more than 100 million users must be exercised with the utmost caution,” Sauer wrote.
Sauer also expressed concerns about national security officials, accusing them of pressuring social media platforms to censor content. “There is a concerning parallel between the unchecked deference afforded to national security officials and their documented role in pressuring social-media companies to censor disfavored speech,” he argued.
While the Biden administration has defended its position, citing security risks, Trump, who initially sought to ban TikTok during his first term, reversed his stance during his 2024 campaign. He pledged to “save” the platform while addressing security concerns.
With the January deadline approaching, the case raises vital questions about the intersection of free speech, national security, and digital sovereignty. The Supreme Court’s decision could have lasting implications for the future of U.S. tech policy.
