A high-stakes legal battle unfolds as President-elect Donald Trump seeks to influence the Supreme Court's decision on TikTok's fate in the United States.
According to UPI, the Justice Department has urged the Supreme Court to reject Trump's request to postpone its ruling on a law that would effectively ban TikTok in less than two weeks unless its Chinese parent company, ByteDance, sells the platform.
Attorney General Merrick Garland submitted a filing emphasizing the app's potential national security risks to the United States. The Justice Department's response directly challenges Trump's recent motion, which sought to delay the implementation of the ban scheduled for January 19.
This legal confrontation stems from President Joe Biden's signing of the Protecting Americans from Foreign Adversary Controlled Applications Act in April.
The Supreme Court has agreed to fast-track the case, with oral arguments scheduled for January 10, mere days before the law takes effect. The timing creates unprecedented pressure on the judicial system to reach a swift resolution.
ByteDance, TikTok, and content creators have mounted a legal challenge based on First Amendment rights.
Attorney General Garland outlined the government's position in the Justice Department's brief, stating:
TikTok's collection of reams of sensitive data about 170 million Americans and their contacts makes it a powerful tool for espionage, and TikTok's role as a key channel of communication makes it a potent weapon for covert influence operations.
The Justice Department further emphasized their concerns about ByteDance's ties to the Chinese government. Garland specifically warned about potential threats to national security, noting:
So long as TikTok remains subject to the [People's Republic of China's] control, the PRC could use those weapons against the United States at any time - for example, at a pivotal moment during a crisis.
The United States is not alone in its apprehension about TikTok's operations. Canada recently ordered the platform to cease its business operations, though the app remains available to users. This decision reflects growing global concerns about social media platforms with foreign ownership. ByteDance has indicated its intention to appeal the Canadian ruling.
Trump's legal team argues that the court should pause proceedings until after his inauguration, suggesting that his administration could negotiate a resolution that addresses national security concerns while preserving the platform's presence in the United States. This request comes after a U.S. federal appeals court upheld the law in early December.
The Justice Department maintains that the Act does not violate First Amendment protections, arguing that it imposes no burden on ByteDance, its U.S. subsidiary, or TikTok users' constitutional rights. This position reinforces the government's stance that national security considerations outweigh potential free speech concerns.
The Justice Department's opposition to Trump's delay request sets up a decisive moment for social media regulation in the United States. ByteDance faces a court-mandated decision to either sell TikTok or cease operations in the American market by January 19.
The Supreme Court's ruling will determine not only TikTok's future in the United States but also establish a precedent for handling foreign-owned social media platforms that raise national security concerns. The case represents a critical juncture where national security interests, First Amendment rights, and international business operations intersect under intense time pressure for resolution.
