Former President Trump's legal team filed a brief in the Supreme Court opposing a ban on TikTok, arguing that he is best suited to negotiate a solution that addresses national security concerns while preserving the platform. The case stems from a bipartisan law that requires TikTok's Chinese parent company, ByteDance, to sell to an American company or face a ban.
While the brief did not directly address the legal question at hand—whether banning the platform for the some 170 million Americans who use it violates their First Amendment rights to free speech—it noted that “at this juncture,” Trump “opposes banning TikTok in the United States.
” The Supreme Court agreed to hear the case earlier this month after a bipartisan measure—the Protecting Americans from Foreign Adversary Controlled Applications Act—passed Congress and was signed into law by President Joe Biden. The law cites national security concerns and would require TikTok’s Chinese owner, ByteDance, to either sell to an American company or face a ban. “President Trump alone possesses the consummate deal-making expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government — concerns which President Trump himself has acknowledged,” the brief, signed by Trump’s counsel and his pick for US solicitor general, D. John Sauer, reads. TikTok’s legal team and the Biden administration also submitted briefs for the court to consider in the weeks leading up to oral arguments on January 10. TikTok argued that Congress signing the law was an “unprecedented attempt to single out petitioners and bar them from operating one of the nation’s most significant speech venues” and was “profoundly unconstitutional.” They added that the government “has banned an extraordinary amount of speech” and “gets facts wrong when it bothers to provide them.” The Biden administration held that the law “addresses the serious threats to national security posed by the Chinese government’s control of TikTok, a platform that harvests sensitive data about tens of millions of Americans and would be a potent tool for covert influence operations by a foreign adversar
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