Trump, State AGs Seek Supreme Court Intervention in TikTok Case

Created: JANUARY 26, 2025

Tech companies, government officials, and legal experts are closely watching the unfolding legal battle surrounding TikTok's future in the United States. Recent actions by both President-elect Trump and Republican attorneys general from Virginia and Montana have brought the case to the Supreme Court.

On Friday, separate amicus briefs were filed, each requesting the Supreme Court to intervene in the ongoing legal dispute. The attorneys general are urging the court to uphold a law requiring TikTok to separate from its Chinese parent company, ByteDance, or face a ban. They cite concerns about data security and potential influence from the Chinese Communist Party (CCP).

Virginia Attorney General Jason Miyares emphasized the risks of American user data being accessed and exploited by the CCP if TikTok continues to operate without severing ties with ByteDance. He highlighted whistleblower reports alleging that ByteDance has shared sensitive information, including browsing habits and facial recognition data, with the CCP. Miyares stressed the importance of protecting Virginians' privacy and security, and called on the Supreme Court to affirm Congress's authority to address foreign threats.

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Jason Miyares and Donald Trump made separate pleas to the Supreme Court Friday. (Getty Images/AP Images)

Meanwhile, President-elect Trump's amicus brief requests a pause on the TikTok ban to allow him to address the issue upon taking office. Trump’s spokesman, Steven Cheung, stated that the president-elect aims to find a solution that both preserves American national security and allows TikTok to continue operating. The brief argues that the president-elect has a unique interest in the First Amendment implications of the case, which presents a complex balance between free speech rights and national security concerns.

President-elect Donald Trump

President-elect Trump smiles during Turning Point USA's AmericaFest at the Phoenix Convention Center Dec. 22 in Phoenix.  (Rebecca Noble/Getty Images)

Trump's brief underscores his responsibility for national security and foreign policy matters, positioning him as the appropriate authority to resolve the situation. The brief emphasizes the unprecedented nature of the case, highlighting the tension between free speech and national security.

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TikTok Inc. offices in Culver City, Calif. (AP Photo/Damian Dovarganes)

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