In a significant shift in stance, the elected president of the United States, Donald Trump, has urged the Supreme Court to suspend the implementation of a law that could ban TikTok if its Chinese parent company, ByteDance, does not sell the platform by January 19, 2025.
This request comes just a few weeks before Trump's inauguration, scheduled for January 20.
The president's legal team submitted a brief last Friday arguing that, "in light of the novelty and complexity of this case, the court should consider suspending the legal deadline to allow more breathing room to address these issues."
The document also emphasizes the need to "give the incoming administration of President Trump the opportunity to pursue a political resolution."
Change of position
During his first term (2017-2021), Trump attempted to ban TikTok, citing national security concerns based on the premise that the Chinese government could access the data of American users or manipulate the content displayed on the social media platform.
U.S. officials also noted that the app could be used to spread propaganda.
In response to these concerns, Trump demanded that TikTok be acquired by an American company and that the government be involved in the transaction.
However, ByteDance and the Chinese government have denied the accusations of espionage or improper collaboration.
Trump's successor, Joe Biden, strengthened this position by signing a law in April 2023 that imposes a ban on TikTok unless ByteDance completes a mandatory sale before January 19, 2025.
This legislation would also block TikTok from app stores in the United States if it does not comply with the divestment.
TikTok has appealed this law to the Supreme Court, arguing that it violates its First Amendment-protected rights to free speech.
The platform also denies having transmitted information to Beijing.
Despite the appeal, the court did not suspend the enforcement of the law and has scheduled the arguments for January 10th.
The potential ban could strain relations between the United States and China, a delicate factor considering Trump's imminent inauguration.
However, the elected president has surprised many by expressing "now in favor of TikTok, because competition is needed," as he recently stated to Bloomberg.
Trump's current stance
In a meeting in December with Shou Chew, CEO of TikTok, at his Mar-a-Lago golf club, Trump reinforced his opposition to the ban on the platform.
It argues that this measure would disproportionately benefit companies like Meta, owned by Mark Zuckerberg, which operates Facebook and Instagram.
In the document submitted to the Supreme Court, his lawyer, John Sauer, stated: "President Trump urges the court to postpone the effective date of the law to allow his incoming Administration to seek a solution that could prevent a nationwide shutdown of TikTok."
Sauer also pointed out that Trump was not taking a stance on the legal merits of the case, but was requesting time to seek a political resolution.
The debate over TikTok represents a critical point at the intersection of technology, national security, and international politics.
The Supreme Court's decision could have significant implications for both the future of the platform and the relationship between the United States and China during Trump's new term.
Frequently asked questions about the potential ban of TikTok in the United States
Why has Donald Trump asked the Supreme Court to suspend the law against TikTok?
Donald Trump has requested that the Supreme Court suspend the law that could ban TikTok in order to give his incoming administration time to seek a political solution. During his first term, he attempted to prohibit the app for national security reasons, but now he believes that competition in the social media market is necessary.
What happens if TikTok is not sold to a U.S. owner before January 19, 2025?
If TikTok is not sold to a U.S. owner by January 19, 2025, it will face a ban in the United States. This measure was upheld by the U.S. Court of Appeals for the District of Columbia due to national security concerns and could result in the app becoming unavailable in the country.
What is Trump's stance on the potential ban of TikTok?
Trump's current stance is to oppose the TikTok ban, arguing that it would disproportionately benefit companies like Meta. While he does not take a position on the legal merits of the case, he seeks time to find a political resolution that would prevent the platform's closure.
How would the ban on TikTok affect relations between the United States and China?
The ban on TikTok could further strain relations between the United States and China. This conflict involves not only national security issues but also economic and diplomatic considerations, as ByteDance, TikTok's parent company, is Chinese.
What is TikTok doing to defend itself against the ban in the United States?
TikTok has appealed the law that imposes its ban to the Supreme Court, arguing that it violates its First Amendment rights to freedom of speech. The platform denies sharing information with Beijing and defends its position that the measure is based on inaccurate information.
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