WASHINGTON:  The Biden administration has asked the U.S. Supreme Court to deny Donald Trump’s request to postpone the implementation of a law that would ban TikTok in the United States unless its Chinese parent company, ByteDance, sells the platform.

With a critical Supreme Court hearing scheduled for January 10, the Justice Department emphasized that TikTok has not demonstrated a strong enough case to justify a delay in the law. The department argued that Trump’s claims do not prove the company could ultimately succeed in overturning the ban.

The case has raised significant national security concerns, as the U.S. government argues that ByteDance’s continued ownership of TikTok could allow a foreign adversary to collect sensitive data on American users and influence public discourse through propaganda. U.S. Solicitor General Elizabeth Prelogar stated in her filing that both Congress and the Executive Branch recognize the risks posed by China’s control over the platform.

TikTok Appeals for Free Speech and Judicial Scrutiny

In response, TikTok filed a brief urging the Supreme Court to either declare the law's TikTok-specific provision unconstitutional or temporarily halt its enforcement. The company emphasized the law’s potential threat to free speech, arguing that it unfairly targets a platform used by 170 million Americans.

TikTok’s attorneys warned that allowing the law to proceed without judicial scrutiny could set a dangerous precedent. 

Trump’s Unusual Negotiation Request

Former President Trump recently entered the legal debate, requesting a delay in the law to allow him time to negotiate a deal after his anticipated inauguration later this month. However, Trump did not provide details about the type of agreement he would seek or how long the delay would need to last.

During his first term, Trump proposed banning TikTok outright but later considered allowing Oracle Corp. to manage its U.S. operations. In a recent statement, he expressed a newfound appreciation for TikTok, noting its role in mobilizing young voters during the last election.

The government indirectly addressed Trump’s argument, emphasizing that two successive administrations have supported ByteDance’s divestment from TikTok to mitigate national security risks. The Justice Department stressed that this consensus aligns with the solution Congress adopted in the law.

Expedited Supreme Court Hearing

The Supreme Court has fast-tracked the case, scheduling oral arguments for a special session just nine days before the law is set to take effect. Content creators who rely on TikTok for their livelihoods have also filed challenges, raising further concerns about the law’s broader implications.

Last month, a federal appeals court in Washington upheld the law in a unanimous decision, affirming that Congress and the president have broad authority to make decisions in the interest of national security.