President-elect Donald Trump asked the Supreme Court to delay the upcoming federal ban against TikTok, telling the justices that he wants to address the national security and free speech concerns surrounding the popular social media app once he takes office Jan. 20.
The ban is set to take effect Jan. 19 if its Chinese owner doesn’t sell the platform by then.
Mr. Trump’s brief was filed on behalf of neither TikTok or the federal government looking to ban it. Instead, he took the stance that he is fond of social media and the First Amendment, but also recognizes that there are national security concerns. He wants the court to delay the law to give him a chance to address those concerns.
“In light of these interests — including, most importantly, his overarching responsibility for the United States’ national security and foreign policy — President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office,” the filing read.
“Furthermore, President Trump alone possesses the consummate dealmaking 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.”
Mr. Trump has more than 14 million followers on TikTok and has credited the platform with helping him win support from young voters.
Mr. Trump’s position on TikTok has changed. He initially recognized it as a national security threat but has since created an account and softened his stance. In a post on Truth Social in September, he said he would “save TikTok in America.”
TikTok, meanwhile, filed its brief Friday, telling the justices the legislation outlawing the platform in the U.S. conflicts with the First Amendment.
“In an unprecedented action, Congress has ordered the shutdown of one of the most significant speech platforms in America. The Government concedes, moreover, that it did so partly based on the fear that the platform’s American publisher could be indirectly pressured by China to alter the mix of ‘content’ to influence American minds,” wrote Noel Francisco, the lawyer representing TikTok. “That justification is at war with the First Amendment.”
Mr. Francisco served as the U.S. solicitor general during Mr. Trump’s first administration.
The pleadings come just two weeks before the justices are set to hear oral arguments in the dispute on Jan. 10.
TikTok says the legislation, which forces its Chinese owner, ByteDance, to sell the platform by Jan. 19 or cease its U.S. operations, violates free speech. A group of users challenging the law say the platform helps their businesses in ways other social media platforms cannot because of TikTok’s editing tools and recommendations via video sharing.
The legislation, approved by Congress and signed by President Biden in April, won bipartisan support from lawmakers who say TikTok poses a national security threat by collecting user data. The concern is that the Chinese government could use that data.
The Justice Department said TikTok received direction about content on its platform from the Chinese government, The Associated Press reported.
In its filing with the high court, President Biden’s Justice Department said the First Amendment does not apply to the foreign-owned company, ByteDance. The Justice Department also says the requirement to divest is content-neutral and not in response to any speech.
“As a threshold matter, the Act’s prohibition on foreign-adversary ownership and control does not implicate the First Amendment rights,” the filing submitted to Friday read.
TikTok has lost in lower court, and the justices refused to issue an injunction halting the law from taking effect, putting off that decision until after they hear from the parties.
Users on TikTok who are challenging the legislation filed their opening brief on Friday, too, telling the justices that the First Amendment protects users from the government’s suppression of speech.
“TikTok is today’s quintessential marketplace of ideas — an ‘outlet for expression’ and a ‘source of community’ for no fewer than 170 million Americans,” their filing read.
