President-elect Donald Trump has petitioned the Supreme Court to allow him to negotiate a deal to prevent a looming U.S. ban on TikTok. Trump argues he possesses the unique expertise and political mandate to broker a resolution, aiming to avert a First Amendment challenge currently before the court.
In an amicus brief, Trump asserts his ability to resolve the matter through political means once in office. He requests a stay on the January 19th deadline imposed by the current legislation, which is one day prior to his inauguration, for a presidential determination regarding TikTok. Trump contends that his proposed negotiations would eliminate the need for a complex First Amendment ruling by the court.
The Supreme Court has already agreed to hear arguments on the constitutionality of the Congressional bill, which mandates a TikTok ban if a deal isn't reached to sever its ties with Chinese parent company, ByteDance. This legislation grants the president latitude to delay the ban if progress is being made in negotiations.
Trump's filing offers no details on the specifics of his proposed deal, although it would likely involve ByteDance divesting a significant portion of its ownership to a US-based entity. He emphasizes his extensive following on TikTok and ownership of Truth Social as evidence of his capacity to evaluate the platform's importance in fostering free expression, including core political speech.
Furthermore, Trump cites Brazil's temporary ban of X as a cautionary example of the risks of government-imposed restrictions on social media. This argument reflects a notable shift from his previous stance during his first term, where he had actively pursued a ban on TikTok. However, his views have since evolved after his campaign utilized TikTok during the 2024 elections and subsequent meeting with TikTok CEO Shou Chew.
Despite Trump's intervention, there remains significant political pressure to enforce the TikTok ban. A bipartisan group of senators and congressmen, supported by 22 U.S. states and former FCC Chairman Ajit Pai, have urged the Supreme Court to reject TikTok's appeal. This group seeks to ensure the enforcement of the ban regardless of Trump's potential intervention.