President-elect Donald Trump has become an unlikely advocate for TikTok, the popular social media platform that faces a looming nationwide ban unless its Chinese parent company, ByteDance, divests ownership. The Supreme Court is set to hear arguments this week in a case challenging the constitutionality of the law that could lead to TikTok's expulsion from the U.S. market just one day before Trump's inauguration.
On Friday, Trump posted on Truth Social, questioning the rationale behind banning the app, which boasts over 170 million American users. "Why would I want to get rid of TikTok?" he wrote, sharing a graphic claiming high engagement on his own TikTok account compared to prominent public figures, though the graphic's data remains unverified.
Trump's lawyers have asked the Supreme Court to delay the January 19 deadline, citing his desire to explore a "political resolution" once he assumes office. "President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act's deadline for divestment," wrote Trump's attorney, D. John Sauer, in a recent filing.
The Protecting Americans from Foreign Adversary Controlled Applications Act, passed last year with bipartisan support and signed by President Joe Biden, mandates the ban unless ByteDance relinquishes control of TikTok. Proponents of the law cite national security concerns, warning that ByteDance's ownership could expose American user data to the Chinese government.
The Justice Department, however, has urged the Supreme Court to reject Trump's request for a delay. Solicitor General Elizabeth Prelogar argued that ByteDance has not demonstrated a likelihood of success in its First Amendment challenge, stating, "The Act does not warrant heightened First Amendment scrutiny because it does not impose a burden on any cognizable First Amendment rights of ByteDance, its U.S. subsidiary, or TikTok's users."
TikTok's legal team contends that the law violates free speech protections by targeting its ownership structure rather than specific conduct. ByteDance has maintained that it has implemented measures to safeguard U.S. user data and has called for a fair resolution.
In a December amicus brief, Trump's legal team emphasized the need for a delay to avoid significant disruption to TikTok's user base and broader implications for online platforms. The Supreme Court's decision on whether to grant the stay could influence not only TikTok's future but also the contours of digital platform governance under foreign ownership.
Trump's evolving relationship with TikTok has added complexity to the debate. During his first term, he attempted to ban the platform but has since launched his own account, using it to amplify his reach among younger audiences. His opposition to the ban has sparked criticism from some quarters, with detractors accusing him of prioritizing personal interests over national security concerns.
Adding to the intrigue, Trump met privately with TikTok CEO Shou Zi Chew at Mar-a-Lago after his November election victory. Details of the conversation remain undisclosed, fueling speculation about the app's potential role in Trump's second administration.
The case has broader implications for U.S.-China relations and the regulatory landscape for foreign-owned technology companies. Critics argue that banning TikTok sets a dangerous precedent for digital censorship, while supporters insist that strict measures are necessary to safeguard national security.