Donald Trump's position
In a letter addressed to the highest American court, Donald Trump's lawyers explain that their client wishes to address this situation by political means
once he takes office on January 20, 2025. They therefore ask the Supreme Court to delay the entry into force of the law, thus avoiding a national ban on TikTok.
The lawyers specify that the president-elect does not take a position on the merits of the dispute
For now. Their objective is to pave the way for a negotiated solution, making it possible to preserve access to the social network for its 170 million American users. In practice, the news is not surprising: in a conference just before Christmas, the future tenant of the White House had already spoken out in this direction.
Politics and law in the world of tech
For several months, the situation is very tense for TikTokwhich is at the center of a political, social and legal confrontation in the United States. According to a new law, the platform could be banned from the country from January 19, 2025. The end of the year was therefore very tight at the legal level to oppose this deadline. Finally, the American Supreme Court agreed to examine this highly publicized law.
Remember that this text, adopted in a context of growing concerns regarding national security and data collection, requires ByteDance to separate from TikTok, no later than January 19, 2025. The aim is to reduce the risks of espionage and control by the Chinese government, given alleged links between ByteDance and Beijing. Otherwise, TikTok will simply be banned in the United States.
The Supreme Court, where a conservative majority sits, will debate this case from January 10, 2025. In particular, it will have to examine whether this law violates the First Amendment to the American Constitution, guaranteeing freedom of expression.
In their defense, TikTok and ByteDance denounce erroneous decision by the Federal Court of Appealbased on supposed risks
of control by Beijing. To them, the U.S. government has presented no evidence that China attempted to exploit TikTok for propaganda or censorship.
What impact for the rest of the world?
This dispute goes beyond the simple control of legality and reflects global geopolitical tensions. With its hundreds of millions of users, TikTok is seen as a threat, a direct competitor to American social media giants.
But given the weight of the USA, a ban could spell the end of the application in the rest of the world, particularly in France where its presence is also wavering. Conversely, support – even indirect support from the American president – could endorse its continuation!