The Biden administration has argued in court that TikTok poses a national security risk because of its ties to China.
ADVERTISEMENTUS President-elect Donald Trump has asked the Supreme Court to pause a potential ban on video streaming platform TikTok until his administration can seek a “political solution” to the issue.
The request comes after TikTok and the Biden administration filed opposing court filings.
TikTok has argued that a court should overturn the law that could ban it by January 19, while the government has stressed its position that the statute is needed to eliminate a risk to national security.
“President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider delaying the January 19, 2025 statutory sale deadline while he considers the merits of this case,” Trump’s amicus brief states.
The court filings come ahead of oral arguments scheduled for Jan. 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment.
The law was signed into law by President Joe Biden in April after it passed Congress with broad bipartisan support.
TikTok and its parent company ByteDance subsequently filed a legal challenge.
Earlier this month, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, prompting TikTok to appeal to the Supreme Court.
In their filing to the Supreme Court on Friday, TikTok’s lawyers argued that a federal appeals court erred in its ruling and based its decision on “alleged ‘risks’ that China could exert control” over TikTok’s US platform by pressuring its foreign affiliates.
The Biden administration has argued in court that TikTok poses a national security risk because of its ties to Beijing.
Officials said Chinese authorities could compel ByteDance to hand over information about American TikTok patrons or use the platform to disseminate or suppress information.
But the government “admits that there is no evidence that China has ever attempted to do so,” TikTok’s legal filing said, adding that US fears were based on future risks.
In its filing on Friday, the Biden administration said that because TikTok “is integrated with ByteDance and relies on its own engine developed and maintained in China,” its corporate structure carries risks.
The argument submitted to the court is the latest example of Trump meddling in national affairs before taking office.
The Republican president-elect has already begun talks with other countries about his plans to impose tariffs and intervened earlier this month in the federal government’s funding plan, calling for the bipartisan plan to be scrapped and Republicans to return to the negotiating table.
ADVERTISEMENTHe has held meetings with foreign leaders and business officials at his Mar-a-Lago estate in Florida as he assembles his administration, including last week’s meeting with TikTok CEO Shou Chew.
Trump has reversed his stance on the popular app, after trying to ban it during his first term due to national security concerns.
He joined TikTok during his 2024 presidential campaign and his team used it to connect with younger voters, particularly male voters, pushing content aimed at going viral.
Earlier this year, he said he still believed TikTok posed a national security risk but opposed its ban.
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