President-elect Donald Trump has submitted a legal brief to the U.S. Supreme Court, urging the extension of a looming government deadline that would require TikTok to separate from its Chinese parent company, ByteDance.
Fox News reported that the upcoming Supreme Court hearing on January 10, 2025, will address the legislation mandating TikTok's divestment from foreign ownership by January 19.
The brief, filed a few weeks before the scheduled oral arguments, highlights the tension between issues of free speech and concerns over national security.
At the center of the debate is the law that requires ByteDance to divest its ownership of TikTok due to its associations with the Chinese Communist Party. President-elect Trump argues that the divestment poses unique national security challenges and free speech issues worthy of judicial reconsideration.
Trump aims to prevent what he portrays as TikTok's imminent shutdown by invoking an option within the law that allows the sitting president to extend the divestment deadline by up to 90 days under certain conditions.
This approach is explained in the brief, articulated by a spokesperson asserting, "President Donald J. Trump has filed an amicus brief" with the Court. Trump’s spokesperson, incoming White House Communications Director Steven Cheung, emphasized the urgency of the situation.
The case is accentuated by significant timing: the current law enforces a deadline just one day before Trump officially returns to the presidency on January 20, 2025. This tight schedule provides limited room for legal maneuvers and creates potential complications for the incoming administration.
The legal team for TikTok and ByteDance contests the divestment law, claiming it infringes on constitutional rights.
They argue it "presents grave constitutional problems" by unfairly singling out TikTok, implying that the decision could have broader implications for global tech platforms operating in the U.S. Considering these constitutional questions, TikTok has sought emergency relief to block these legal requirements.
In anticipation of the divestment, TikTok has initiated "Project Texas," a $1.5 billion relocation strategy aimed at safeguarding American user data by housing it on Oracle's cloud servers within the United States.
Describing the effort, TikTok CEO Shou Zi Chew stated the project establishes an independent U.S. platform to minimize foreign access to data, underscoring national security assurances.
President-elect Trump, noted for his deal-making skills in his first term, argues that he holds a special interest in these circumstances as they pertain to U.S. foreign policy and security.
He insists that his administration will handle the TikTok matter through a strategic approach, pointing to policy achievements in his previous tenure as evidence of his effective leadership on complex issues.
The brief filed by Trump further clarifies his role as the upcoming authority on national security and foreign matters. It asserts that "President Trump, therefore, has a compelling interest" in overseeing the delicate balance between safeguarding American interests and upholding constitutional freedoms, particularly regarding technological interactions with foreign entities.
Amid these legal challenges, TikTok's leadership remains focused on reassuring the public about data privacy measures under "Project Texas."
CEO Chew expressed confidence that their initiative positions TikTok as a protected space managed securely in the U.S. He emphasized the robust mechanisms in place to safeguard U.S. user data from foreign oversight.
Trump also shared personal sentiments regarding the popular app, suggesting that he holds a favorable view towards TikTok. He told reporters, "I have a warm spot in my heart for TikTok," highlighting his interest in securing the platform's future in a manner beneficial to American users and businesses.
