WASHINGTON DC, USA | President-elect Donald Trump has formally requested the U.S. Supreme Court to delay the enforcement of a law that dictates the sale of TikTok by its Chinese parent company, ByteDance, or face a nationwide ban. The law, known as the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), is scheduled to take effect on January 19, 2025, just one day before Trump’s inauguration.

PAFACA was enacted in April 2024 amid bipartisan concerns over national security, specifically the potential for the Chinese government to access U.S. users’ data through TikTok. The legislation requires ByteDance to divest its ownership of TikTok within 270 days or cease operations in the United States. TikTok has consistently denied allegations of data misuse and has challenged the law, arguing that it violates First Amendment rights by suppressing free speech.

In his filing, Trump’s legal team contends that postponing the law’s implementation would provide the incoming administration with the opportunity to negotiate a resolution that addresses national security concerns without necessitating a complete ban of the platform. This position marks a shift from Trump’s earlier stance in 2020, when his administration sought to ban TikTok over similar security issues. The Supreme Court has agreed to hear arguments on this matter on January 10, 2025. The outcome will have significant implications not only for TikTok’s future in the U.S. but also for the broader legal landscape concerning the regulation of foreign-owned digital platforms.