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Trump asks the Supreme Court to let him rescue TikTok

Donald Trump. | Cath Virginia / The Verge | Photos from Scott Olson, Getty Images

President-elect Donald Trump is asking the Supreme Court to let him negotiate a deal to save TikTok from an imminent US ban.

In an amicus brief filed to the court, Trump says he “seeks the ability to resolve the issues at hand through political means once he takes office,” and that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform.”

Last week, the Supreme Court agreed to hear arguments that a bill passed by Congress banning TikTok on national security grounds violates the First Amendment. The bill gives wide latitude to the president to delay its enforcement if there’s progress being made towards a deal that ensures TikTok isn’t fully controlled by its Chinese parent company, ByteDance.

But the deadline for that determination is January 19th, which is one day before Trump is set to be sworn in.

In his Supreme Court filing, Trump asks for the bill’s January 19th deadline to be stayed, arguing that the deal he’d negotiate “would obviate the need for this Court to decide the historically challenging First Amendment question presented here on the current, highly expedited basis.”

He offers no details on what said deal would look like, though it would likely have to involve ByteDance selling a signification portion of its ownership in TikTok to an American company.

Trump argues that having over 14 million followers on TikTok, along with his ownership of Truth Social, gives him unique ability to “evaluate TikTok’s importance as a unique medium for freedom of expression, including core political speech.” He also cites Brazil’s temporary ban of Elon Musk’s X as an example of “the historic dangers presented” by a government banning a social media platform.

While Trump pushed aggressively for a TikTok ban during his first term, he changed his tune after his campaign successfully used the video app during the 2024 election. He recently met with TikTok CEO Shou Chew at Mar-a-Lago and told a crowd that “maybe we gotta keep this sucker around for a little while.”

There’s still plenty of political pressure to enforce a TikTok ban, however. A group of senators and congressmen, including Mitch McConnell and Ro Khanna, filed petitions on Friday, joined by 22 U.S. states and former FCC Chairman Ajit Pai, urging the Supreme Court to reject TikTok’s appeal.

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