Report: Supreme Court likely to uphold TikTok ban despite arguments from Trump

By 
 January 12, 2025

Under a bill signed by President Joe Biden last year, TikTok's Chinese parent company has until January 19 to either find a U.S. purchaser for the platform or see it get banned.

While President-elect Donald Trump had asked the Supreme Court to extend that deadline, America's highest judicial body appears ready to reject his request. 

Trump wants time to resolve situation

As ABC News reported, Trump's attorneys filed a brief late last month which argued that the president-elect should be given time to resolve the situation.

"President Trump alone 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," Trump lawyer D. John Sauer wrote.

"In light of these interests—including, most importantly, his overarching responsibility for the United States’ national security and foreign policy—President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office," Sauer added.

CNN correspondent Kaitlan Collins cited sources who told her that Trump met with TikTok CEO Shou Chew after Saurer submitted the brief.

For their part, TikTok and its Chinese-based parent company ByeDance are challenging the looming ban on First Amendment grounds.

Solicitor general warns of "eye-opening"

However, USA Today noted that the Supreme Court's members appeared sympathetic to arguments put forward by the Biden administration.

During oral arguments on Friday, U.S. Solicitor General Elizabeth Prelogar described TikTok's potential to be used for espionage as "eye-opening."

"It creates this gaping vulnerability in the system because once that data is in China, the PRC (People’s Republic of China) can demand that ByteDance turn that data over and keep that assistance secret," Prelogar maintained.

Justices point to potential for Chinese espionage

At one point, Chief Justice John Roberts recalled how Congress found ByteDance to be "subject to Chinese laws that require it to assist or cooperate with the Chinese government’s intelligence work."

"Are we supposed to ignore that the ultimate parent is in fact subject to doing intelligence work for the Chinese government?" Roberts asked the social media company's lawyer.

"It seems to me that you are ignoring the major concern here of Congress, which was Chinese manipulation of the content, and acquisition and harvesting of the content," Roberts added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson