In the weeks before Donald Trump takes office, he has moved to delay a nationwide TikTok ban from taking effect until he has a chance to make a deal on his own terms that he believes could allow TikTok to continue operating in the US without posing a national security threat.
On Friday, Trump's lawyer filed a brief, urging the Supreme Court to stay enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act that would either ban TikTok on January 19 or force TikTok to sell the company to prevent China's alleged covert control of content on the app.
The Supreme Court had previously denied TikTok's request for an injunction that would have delayed enforcement until Trump takes office, instead planning to rush a decision on whether the Act violates the First Amendment before the deadline hits.
But Trump insisted that the complex question at issue in the case requires "measured consideration" and is precisely the sort of decision that the Supreme Court should never rush. Not only must the court weigh TikTok and American content creators' First Amendment concerns, but also Trump's questions about whether the Act is possibly "legislative encroachment" that "binds the hands" of an incoming President who otherwise is responsible for decisions on national security and foreign policy, Trump argued.