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Trump Urges supreme court to delay TikTok Ban

Former Vice President Mike Pence, a close ally of Trump, also supports the ban, calling TikTok a “technological weapon” in his brief.

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President-elect Donald Trump has asked the U.S. Supreme Court to delay a controversial TikTok ban that is set to take effect next month.

In a legal filing on Friday, Trump suggested the court hold off on enforcing the ban until his administration can find a way to resolve the issue through negotiations. His request came in the form of a “friend-of-the-court” brief, which allows someone not directly involved in a case to provide their opinion.

Trump’s call for a delay puts him at odds with the Biden administration, which supports the TikTok ban. The Biden administration argues that the app is a national security threat due to its ownership by the Chinese company ByteDance. They warn that TikTok could be used to collect data on American users and spread disinformation. The case has become one of the most important issues the Supreme Court will address this year.

 

TikTok Ban and First Amendment Concerns

At the heart of the case is whether the TikTok ban violates the First Amendment, which protects free speech. The Supreme Court has already scheduled two hours of oral arguments for January 10 to discuss this issue. The court will decide if the law passed by Congress in April, which mandates the ban, infringes on the rights of millions of TikTok users.

The law passed with support from both political parties and requires TikTok to separate from its Chinese parent company. If the company does not comply, the law allows the app to be banned. This law also gives the President power to decide if TikTok’s separation from ByteDance is sufficient to ensure national security.

 

Trump’s Position on the Ban

Trump, who will take office on January 20, argued that delaying the TikTok ban would give him time to explore a possible solution that would protect national security without violating Americans’ free speech. He didn’t directly comment on the First Amendment issue but expressed concerns that banning TikTok would limit the speech rights of millions of Americans who use the app.

“The First Amendment implications of shutting down TikTok are sweeping and troubling,” Trump’s legal team wrote. He warned that the law could set a dangerous global precedent by allowing governments to shut down social media platforms for political reasons.

Trump has also said that the timing of the law’s enforcement interferes with his ability to address the issue after taking office. He believes that a negotiated solution could help avoid the ban, addressing national security concerns while protecting free speech.

 

Biden’s Administration Defends the Ban

On the other hand, President Joe Biden’s administration has defended the law, claiming that TikTok’s ties to China present a significant security risk. The administration argues that TikTok collects vast amounts of data about its American users, which could be used by the Chinese government for malicious purposes.

The Biden administration’s legal team told the Supreme Court that TikTok could be used to manipulate U.S. public opinion, especially during a crisis, by spreading disinformation. They also warned that China could use the app to gain access to sensitive information about American citizens.

 

Mixed Signals from Trump on TikTok

Trump has a complicated history with TikTok. During his first term as president, he tried to ban the app, citing security concerns about its connection to China. However, he later reversed his stance, claiming that the app could be saved if it was sold to a U.S. company. In recent months, Trump has said he would “save” TikTok and has met with its CEO, Shou Chew, to discuss the issue.

He argued that as the new president, he has a “powerful electoral mandate” to find a way to resolve the situation.

 

Bipartisan Support for the Ban

While Trump has pushed for a delay in the ban’s enforcement, many former officials, including those from his own administration, support the ban. Some of these officials, like Jeff Sessions (Trump’s first attorney general) and Ajit Pai (the former chairman of the Federal Communications Commission), have filed briefs urging the Supreme Court to uphold the ban.

Former Vice President Mike Pence, a close ally of Trump, also supports the ban, calling TikTok a “technological weapon” in his brief. He and his group, Advancing American Freedom, argue that TikTok is a threat to U.S. security and should be shut down to protect the nation from Chinese influence.

 

The Debate Over Free Speech

As the case moves forward, there is a growing debate over the balance between national security and free speech. Groups like the American Civil Liberties Union (ACLU) and the Knight First Amendment Institute have urged the Supreme Court to consider the impact of the ban on Americans’ freedom to access information and express themselves online.

TikTok itself has argued that the ban would violate the First Amendment by shutting down one of the largest platforms for free speech in America. The company has said that the government should explore other ways to address security concerns, such as requiring disclosures about the app’s ownership, rather than shutting it down entirely.

The Supreme Court is expected to hear arguments in the case on January 10, just days before the TikTok ban is set to go into effect. TikTok has already asked the court to pause the ban until a decision is made, and the justices will decide whether to delay the law’s enforcement.

Trump’s legal team has argued that delaying the deadline would allow his administration to explore options for resolving the issue without shutting down TikTok. His team believes that he has the experience and mandate to negotiate a solution that would protect both national security and free speech rights.

 

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