President-elect Donald Trump has urged the U.S. Supreme Court to temporarily halt implementation of a law mandating either the sale of TikTok to an American company or a nationwide ban of the app, citing the need for his incoming administration to pursue a "political resolution." The request marks a notable reversal from Trump’s 2020 stance, when he sought to ban TikTok due to its Chinese ownership.
The law, passed by Congress in April, requires TikTok’s parent company, ByteDance, to divest its U.S. operations by January 19, 2025—one day before Trump takes office—or face an outright ban of the app, which boasts over 170 million U.S. users.
TikTok and ByteDance are challenging the law, arguing it is unconstitutional and misrepresents their ties to China. However, if the Supreme Court does not rule in their favor and divestment does not occur, TikTok could be effectively banned within the U.S.
Oral arguments before the high court are scheduled for January 10, 2025. Trump's legal team has requested the court delay the law’s implementation, allowing the incoming administration time to negotiate a solution.
"President Trump takes no position on the underlying merits of this dispute," said D. John Sauer, Trump’s attorney and nominee for solicitor general. "Instead, he respectfully requests that the Court consider staying the Act's deadline...thus permitting President Trump's incoming administration the opportunity to pursue a political resolution."
Trump’s newfound openness to TikTok marks a dramatic pivot from his 2020 efforts to block the app in the U.S. due to national security concerns over its Chinese ownership. During his campaign, Trump reportedly received billions of views on TikTok, and in December, he met with TikTok CEO Shou Zi Chew, expressing a “warm spot” for the app and suggesting he favored its continued operation in the U.S., at least temporarily.
TikTok has yet to comment on Trump’s filing but has previously stated that its data is stored on Oracle-operated servers in the United States and that content moderation for U.S. users is conducted domestically.
The legal battle over TikTok has drawn polarized reactions. Free speech advocates filed an amicus brief on Friday, arguing that banning the app mirrors authoritarian censorship regimes. Meanwhile, the U.S. Justice Department and 22 state attorneys general, led by Montana Attorney General Austin Knudsen, have supported the ban, citing national security risks posed by Chinese control of the platform.
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