Breathing Space
President-elect Donald Trump has thrust himself into the high-stakes fight over the fate of TikTok in the US by urging the Supreme Court to pause a law that would ban the social media platform if it is not sold by its Chinese parent company. Trump said the court should give him time after his January 20 inauguration to "seek a negotiated resolution" of the dispute.
A Deal Making Expert
Trump told the justices that only he "possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government." He did not give specifics about what kind of deal he would seek or how long a delay he needed.
Free Speech Concerns
Trump did not take a firm position on the constitutionality of the law that’s set to take effect on January 19, though he said it raised "sweeping and troubling" free speech concerns. The law, which was upheld by a federal appeals court, bans transactions in the US with Chinese-owned companies that may be controlled by the Chinese government, including TikTok’s owner, ByteDance.
National Security Concerns
The Biden-run Justice Department has argued that Chinese control of TikTok poses "grave national-security threats." The platform "harvests sensitive data about tens of millions of Americans and would be a potent tool for covert influence operations by a foreign adversary," said US Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer.
TikTok’s Response
TikTok told the justices that Congress failed to consider alternatives short of a ban. "History and precedent teach that, even when national security is at stake, speech bans must be Congress’s last resort," the company argued.
A Warm Spot
Trump once supported a TikTok ban, but he has spoken more favourably about the platform in recent days. He said this month he has a "warm spot" in his heart for TikTok because it helped sway young voters to his side in the November election. He met this month with TikTok CEO Shou Chew at his Mar-a-Lago club, one of a series of meetings with big tech executives.
Conclusion
The case is set to be heard by the Supreme Court on January 10, just over a week before the law is set to take effect. The outcome is uncertain, but Trump’s intervention has added a new layer of complexity to the dispute.
Frequently Asked Questions
Q: What is the law that bans TikTok?
A: The law, which was upheld by a federal appeals court, bans transactions in the US with Chinese-owned companies that may be controlled by the Chinese government, including TikTok’s owner, ByteDance.
Q: What are the national security concerns surrounding TikTok?
A: The Biden-run Justice Department has argued that Chinese control of TikTok poses "grave national-security threats" and could be used for covert influence operations by a foreign adversary.
Q: What is Trump’s stance on the law?
A: Trump has urged the Supreme Court to pause the law, saying it raises "sweeping and troubling" free speech concerns. He has also expressed a desire to negotiate a deal to save the platform while addressing national security concerns.
