President-elect Donald Trump now approaches the Supreme Court for an express stay of the TikTok ban while promising another round of political negotiations once he assumes office. This request follows a full competition of briefs by TikTok and the Biden administration against each other before the court. In a brief of John Sauer, Trump’s nominee to be Solicitor General, Trump opposes immediate banning or establishing a resolution covering national security issues balanced against the continual functioning of the platform.
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The law, signed by President Joe Biden in April, requires TikTok’s Chinese parent company ByteDance to sell the platform to an American owner or face a ban by January 19, 2025. ByteDance and TikTok have filed several lawsuits in a bid to block the law, which they claim infringes on the free speech rights of Americans. The Supreme Court is scheduled to hear arguments on January 10, just days before the ban would take effect.
Trump’s brief emphasizes the tension between free speech and national security. Trump wants a political solution without the intervention of the judiciary. The Justice Department has argued that TikTok’s alleged links to China create a national security threat.