President-elect Donald Trump has urged the Supreme Court to postpone the impending TikTok ban, which is set to take effect on January 19, 2025.
Trump’s request, made through an amicus brief filed on Friday by his chosen solicitor general nominee John Sauer, aims to give his incoming administration time to pursue a “political resolution” to the issue.
The brief asks the Court to consider delaying the divestment deadline while it deliberates on the matter. Trump’s team argues that he possesses the “dealmaking expertise” and “political will” to negotiate a solution that would address national security concerns while preserving the platform.
“President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office,” the filing stated.
TikTok faces an imminent ban in the U.S. following a federal appeals court’s decision to uphold a law requiring the app’s Chinese parent company, ByteDance, to divest or cease operations by the designated deadline. This decision has significant implications for the platform’s 170 million U.S. users, particularly content creators who have built careers and rely on TikTok as their primary income source.
The potential ban is rooted in national security concerns raised by U.S. officials, who worry that ByteDance could be compelled to share user data with the Chinese government or manipulate content to influence American users. Despite TikTok’s assertions that it operates independently and does not share information with Chinese authorities, the court rejected the company’s claim that the ban violates users’ First Amendment rights.
According to the filing, Trump has a “unique interest in the First Amendment issues raised in this case.” Sauer wrote in the legal brief, “Through his historic victory on November 5, 2024, President Trump received a powerful electoral mandate from American voters to protect the free-speech rights of all Americans—including the 170 million Americans who use TikTok. President Trump is uniquely situated to vindicate these interests, because ‘the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation.’”
Unintended Consequences Of The Potential Ban
The U.S.’ proposed TikTok ban could trigger a significant economic ripple effect, potentially impacting millions of Americans and various sectors of the economy. From individual content creators to small businesses, the ban threatens to disrupt a thriving digital ecosystem that has become a substantial contributor to the nation’s gross domestic product, job market and tax revenue.
TikTok’s economic footprint in the U.S. is substantial, with the platform contributing $24.2 billion to the country’s GDP in 2023. Of this amount, $15 billion was generated by small and medium-sized businesses through organic reach and advertising on the platform, according to a consulting report by Oxford Economics. The potential loss of this economic activity could be particularly detrimental to the SMB sector, which has found in TikTok a powerful tool for audience engagement and sales growth.
The analysis also revealed that the platform’s impact on employment is equally significant, supporting approximately 224,000 jobs across the U.S. These positions, ranging from content creators to marketing professionals and support staff, could be at risk if the ban is implemented. Furthermore, the U.S. government stands to lose a considerable source of tax revenue, as TikTok generated $5.3 billion in taxes in 2023.
For content creators, the ban could be particularly devastating. Many rely on TikTok as their primary source of income. The ban would not only eliminate this revenue stream but also force full-time creators to pivot their careers and quickly build followings on other platforms, a challenging and time-consuming process.
The domino effect of a TikTok ban could extend far beyond individual creators and SMBs. The creator economy, valued at approximately $250 billion, could face significant disruption, affecting various industries that support and benefit from content creation.
U.S. small businesses are estimated to lose $1.3 billion in revenue within the first month of the ban’s enforcement, TikTok said in a December court filing.
“Those numbers would only increase if the shutdown extends for more than a month,” stated Blake Chandlee, president of global business solutions at TikTok, in the court document.