In a move that underscores growing tensions over national security concerns and tech regulation, the U.S. Department of Justice (DOJ) has asked the U.S. Supreme Court to reject President-elect Donald Trump’s request for a delay on the implementation of the law that mandates the divestiture or banning of TikTok in the United States.
The request, filed late Friday, comes in response to Trump’s legal brief, where he argued that his incoming administration should be allowed time after taking office on January 20 to seek a “political resolution” to the issue. The case is set to be heard by the Supreme Court on January 10, with the Court facing the deadline for action by January 19.
The law, passed in April 2024, requires TikTok’s Chinese parent company, ByteDance, to divest its U.S. assets or face a complete ban of the platform. Failure to comply would result in the suspension of new TikTok downloads in app stores by January 19, 2025. Existing users, however, would still be able to access the app for a time, though services will gradually degrade as companies are prohibited from providing support.
The DOJ’s filing emphasizes that Trump’s request to delay the law’s implementation should be denied unless ByteDance can demonstrate that it is likely to succeed on the merits in challenging the ban. The government contends that ByteDance has not made such a case. Moreover, the DOJ stresses that there is no dispute regarding China’s attempts to undermine U.S. interests by collecting sensitive data on Americans and engaging in covert influence operations.
“The presence of TikTok in the U.S. represents a direct threat to national security,” the DOJ filing states. “TikTok’s ability to amass vast amounts of data about 170 million Americans is not only concerning—it is a tool that can be exploited for espionage.”
Trump’s legal team, led by attorney D. John Sauer, contends that the incoming administration should be afforded the opportunity to explore a political solution to the issue. Trump’s request to stay the divestiture deadline would allow the incoming president’s team time to formulate a policy response before the law’s provisions take effect.
In response, TikTok has taken its own stance, urging the Supreme Court to block the law, arguing that it violates free-speech protections under the First Amendment. The social media platform points out that while the U.S. government has focused its attention on TikTok, other Chinese-owned apps like Shein and Temu have not faced similar scrutiny. TikTok argues that the law is an attempt to regulate the platform’s content, not its data, and therefore violates constitutional principles.
The government’s response emphasizes that national security concerns far outweigh arguments over free speech. In its filing, the DOJ highlights the significant security risks posed by TikTok’s access to sensitive data and its potential use as a tool for foreign espionage.
If the Supreme Court allows the law to proceed, and TikTok is unable to meet the divestiture requirement, TikTok’s app would be banned from U.S. app stores. This would effectively halt new downloads of the app and eventually disrupt services for existing users, as support would be prohibited.
While the Supreme Court is expected to hear oral arguments in the case on January 10, President Biden has the authority to extend the deadline for an additional 90 days if ByteDance demonstrates substantial progress toward complying with the divestiture order.
This situation represents a dramatic shift in the political and legal landscape surrounding TikTok, as it comes just a few years after President Trump attempted to ban the app outright, citing national security concerns. Now, under the incoming administration, the debate continues over the balance between national security and free-market principles.
As the Court prepares to hear arguments, the fate of TikTok in the U.S. remains uncertain, and all eyes are on the legal battles unfolding in Washington.
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