President-elect Donald Trump has formally requested the U.S. Supreme Court to allow him the opportunity to negotiate a resolution that would prevent TikTok from facing an imminent ban in the United States.
In an amicus brief submitted to the court, Trump emphasized his intent to address the matter diplomatically once he assumes office, arguing that he has the necessary “dealmaking expertise, electoral mandate, and political will” to craft a solution to preserve the popular social media platform.
This development comes as the Supreme Court prepares to hear arguments on whether a congressional bill banning TikTok on national security grounds infringes on First Amendment rights. The legislation provides the president with discretionary power to delay the ban if progress is made toward ensuring TikTok is not entirely controlled by its Chinese parent company, ByteDance. However, the deadline for a determination under the bill is January 19th—just one day before Trump’s inauguration.
Trump’s Proposal for a Deadline Extension
In his court filing, Trump has requested a stay on the January 19th deadline, asserting that his involvement in negotiating a deal could render the Supreme Court’s decision on the First Amendment question unnecessary. He did not outline specific details of the potential deal but suggested it would likely involve ByteDance divesting a significant portion of its ownership in TikTok to a U.S.-based company.
Trump’s brief highlights his unique perspective on the platform, citing his own 14 million followers on TikTok and ownership of the social media platform Truth Social. He claims this provides him with a rare ability to assess TikTok’s value as a medium for freedom of expression, particularly in the realm of political discourse. Trump also referenced Brazil’s temporary ban of Elon Musk’s X (formerly Twitter) as an example of the broader risks governments face when banning social media platforms.
Shifting Stance on TikTok
While Trump had aggressively pursued a TikTok ban during his first term, his position softened during the 2024 election campaign, where his team effectively leveraged the platform to reach younger voters. His recent meeting with TikTok CEO Shou Chew at Mar-a-Lago further signals his changing attitude. Addressing a crowd after the meeting, Trump remarked, “Maybe we gotta keep this sucker around for a little while,” suggesting a newfound willingness to explore alternatives to an outright ban.
Despite Trump’s evolving stance, political pressure to enforce a ban on TikTok remains strong. A coalition of senators and congressmen, including Senate Minority Leader Mitch McConnell and Representative Ro Khanna, has filed petitions urging the Supreme Court to uphold the legislation. The group, joined by 22 U.S. states and former Federal Communications Commission Chairman Ajit Pai, advocates rejecting TikTok’s appeal to overturn the ban.
The bill targeting TikTok has sparked intense debate, with national security concerns at the forefront. Critics of the platform argue that ByteDance’s ownership poses a significant risk, alleging that it could enable the Chinese government to access sensitive user data or influence content on the platform. Proponents of TikTok counter that such claims are overstated and that a ban could set a dangerous precedent for regulating free speech.
Trump’s proposal to negotiate a deal seeks to strike a balance between these competing concerns. His filing underscores the complexity of the issue, noting that resolving the matter diplomatically would spare the Supreme Court from grappling with the “historically challenging” constitutional questions posed by the case. However, it remains unclear what specific measures Trump would propose to satisfy both national security requirements and the platform’s advocates.
The debate over TikTok exemplifies the growing tension between national security priorities and the preservation of digital platforms as vehicles for free expression. If ByteDance agrees to a divestment deal, it could establish a framework for addressing similar concerns with other foreign-owned tech companies in the future. However, failure to reach a resolution could lead to TikTok’s removal from the U.S. market, impacting millions of users and setting a precedent for government intervention in social media platforms.
The upcoming Supreme Court hearings will play a critical role in determining TikTok’s fate. While Trump’s willingness to engage in negotiations introduces a new dynamic, it remains to be seen whether his approach will gain traction among lawmakers and stakeholders. For now, the clock is ticking, with the January 19th deadline fast approaching and the broader implications of the case continuing to spark nationwide debate.