"TikTok vs. U.S. Government: A Legal Showdown as Trump Attempts to Delay Ban"
In a late Friday development, the U.S. Department of Justice urged the Supreme Court to deny a request by President-elect Donald Trump to temporarily halt the enforcement of a law that bans TikTok in the U.S. if it remains under Chinese ownership. The ban is set to take effect on January 19, the eve of Trump’s return to the White House, unless TikTok’s parent company, ByteDance, transfers its ownership.
TikTok has appealed the law, arguing that it violates the freedom of speechprotected by the U.S. Constitution’s First Amendment. Trump filed a brief last week, asking for a suspension of the January 19 deadline to find a "negotiated solution" after taking office on January 20. However, the Department of Justice opposes this in a 27-page response, stating that Trump’s request is akin to a preliminary injunction and can only be granted if TikTok demonstrates a strong likelihood of success on the merits.
The law, which allows the president to grant a three-month extension if there’s significant progress in the sales process, does not apply in this case. The Department of Justice, led by Attorney General Elizabeth Prelogar, insists that the law must be enforced. Prelogar argues that TikTok poses a grave threat to national security and could serve as a powerful tool for Chinese influence and espionage.
TikTok responded on Friday with its own filing, requesting a suspension of the deadline and pointing out that other Chinese-owned apps like Shein and Temu, which also collect vast amounts of data, are not targeted. Meanwhile, Trump defended his use of TikTok during his campaign, tweeting that he couldn’t "get rid of TikTok" due to its immense popularity and his own substantial following on the platform.
The Supreme Court has scheduled oral arguments for January 10. In the meantime, a federal appeals court in Washington has already rejected TikTok’s challenge to the law, which would initially block new downloads but not affect existing users.
The legal battle between TikTok and the U.S. government continues as both sides await the Supreme Court’s decision, with potentially significant implications for network security, free speech, and international relations.
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