News: 0175801929

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Trump Urges Supreme Court To Delay TikTok Ban (bbc.com)

(Monday December 30, 2024 @10:30PM (BeauHD) from the not-so-fast dept.)


President-elect Donald Trump has [1]asked the Supreme Court to delay the upcoming TikTok ban while he works on a "political resolution." In a [2]legal brief (PDF) on Friday, his lawyer said Trump "opposes banning TikTok" and "seeks the ability to resolve the issues at hand through political means once he takes office." The BBC reports:

> Trump had met with TikTok's CEO, Shou Zi Chew, at his Mar-a-Lago estate in Florida last week. In his court filing on Friday, Trump said the case represents "an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national security concerns on the other." While the filing said that Trump "takes no position on the underlying merits of this dispute", it added that pushing back the 19 January deadline would grant Trump "the opportunity to pursue a political resolution" to the matter without having to resort to the court. [...]

>

> Trump has publicly said he opposes the ban, [3]despite supporting one in his first term as president. "I have a warm spot in my heart for TikTok, because I won youth by 34 points," he claimed at a press conference earlier in December, although a majority of young voters backed his opponent, Kamala Harris. "There are those that say that TikTok has something to do with that," he added.

Earlier this month, TikTok [4]asked the Supreme Court to block the ban, saying that the law violates both its First Amendment rights and those of its 170 million American users.



[1] https://www.bbc.com/news/articles/cr4r1qrqw2vo

[2] https://www.supremecourt.gov/DocketPDF/24/24-656/336151/20241227163400981_2024-12-27%20-%20TikTok%20v.%20Garland%20-%20Amicus%20Brief%20of%20President%20Donald%20J.%20Trump.pdf

[3] https://news.slashdot.org/story/20/08/03/1925224/trump-says-tiktok-will-be-banned-if-not-sold-by-sept-15-demands-cut-of-sale-fee

[4] https://yro.slashdot.org/story/24/12/17/0233232/tiktok-asks-supreme-court-to-block-law-banning-its-us-operations



The check cashed (Score:5, Insightful)

by Revek ( 133289 )

Its easy when they advertise they can be bought.

Re: (Score:3, Interesting)

by rsilvergun ( 571051 )

It's equally likely that he's arranging for one of the billionaires to buy the platform so that they can use it like Twitter was used to help win elections for the Republican party and the billionaires that own it.

When Elon musk and Vivek came right out and said we were going to get more H1B's and Trump just quietly agreed I think it became 110% clear who the Republican party sides with

Re: (Score:1)

by GameboyRMH ( 1153867 )

This was my first thought, he wants to force it to be sold to a political crony, just like last time with Larry Ellison:

[1]https://www.npr.org/2020/09/21... [npr.org]

[1] https://www.npr.org/2020/09/21/915043052/trumps-tiktok-deal-what-just-happened-and-why-does-it-matter

It was just crazy watching (Score:2)

by rsilvergun ( 571051 )

The billionaire is just exert power over media this election cycle. To a level that they never have before.

Newspapers were blocked from endorsing Kamala Harris. Harris got virtually no favorable coverage. Real news outlets would do things like take a video of Joe Biden speaking to someone off camera and report that he was wandering off. When Donald Trump lost his marbles and sundowned during a town hall and started dancing the music for 40 minutes that was reported as a good thing...

It was so bad th

Re: (Score:2)

by quax ( 19371 )

The problem is not the rich but the absurdly rich who buy political power and circumvent the checks and balances that the Founders put in.

Of course you know this, you just had to throw out this stupid dichotomy. In reality communism is just an oligarchy in drag. And sadly an oligarchy is what America has become.

Re: (Score:1)

by saloomy ( 2817221 )

TikTok will be sold to an American entity. Trump does not want it devalued. Quite frankly, this is a blatant violation of TikTok's (or really, ByteDance's, and if you don't think corporations have that right (they do); then the shareholders') first amendment rights.

If I was ByteDance, I would let them ban it, then sue the federal government in the supreme court over first amendment violations with huge financial upside. These rights are meant to restrain government. What the fuck are we letting them do?

Re: (Score:1)

by luther349 ( 645380 )

so that is the plain ByteDance, is doing. wait for the ban the sue the crap out of these fools for the first amendment violations.

Re: (Score:1)

by luther349 ( 645380 )

because Hillary is a good example. ms war crimes herself.

Re: (Score:1)

by abulafia ( 7826 )

No, Jeff Jass (finance billionaire) personally owns a 7% stake in ByteDance and more through his other vehicles, and also "invested" in Truth Social. So they've been talking. Also, apparently some of Tubby's campaign videos did unexpectedly well on Tiktok, which also turned supposedly his head.

Re: (Score:2)

by karmawarrior ( 311177 )

It's not likely no. The entire point is that if the ban goes through, TikTok's majority-Chinese owned owners will have to divest themselves of it (ie sell it to someone like Ellison.) If Trump stops the ban, then TikTok can continue without a change in ownership.

I think this is because of heavy lobbying by the Chinese government providing unspecified incentives. Trump's children certainly operate companies that rely on Chinese manufacturing, and certain US billionaires want uninterrupted, favorable, access

Re: (Score:2)

by ClickOnThis ( 137803 )

Do you know that the TikTok ban had bipartisan support? And Trump was for it (even during his administration) before he was against it now? Why do you think that is?

Re: (Score:2)

by fahrbot-bot ( 874524 )

> Do you know that the TikTok ban had bipartisan support? And Trump was for it (even during his administration) before he was against it now? Why do you think that is?

As others have pointed out, billionaire Jeff Jass personally owns at least a 7% stake in ByteDance and has also "invested" in Truth Social. He's been, at the very least, talking with Trump to prevent this. His reasoning probably has to do with lots and lots of green papery things with pictures of dead president on them.

Re: (Score:2)

by ClickOnThis ( 137803 )

My questions were largely rhetorical, but thanks for the reply.

Re: (Score:2)

by fahrbot-bot ( 874524 )

> My questions were largely rhetorical, but thanks for the reply.

Thanks. I considered that, but wasn't sure, so chimed in ...

Re: (Score:1)

by Anonymous Coward

You say "you people" like leftists are just one homogeneous entity, a huge mind cult like you MAGAts are. But no, instead you just chose to focus on the leftists who were always against the ban when you were for it, and now different leftists who were always for the ban when you are against it, and act like all leftists are the same and can't make up their minds. Because your tiny cult brain can't do anything other than see liberals as the bad guys who you have to be opposed to no matter what, so you'll do

Re: (Score:1)

by luther349 ( 645380 )

democrats never speak up about there own that's the key difference.

Re: (Score:2)

by Baron_Yam ( 643147 )

> And yes, to all you clown liberals, I voted for him this time. Didn't really want to, but y'all made it personal.

Genius Trump voter, summing them all up very succinctly.

"I hate you because I've been taught to hate anyone labelled 'liberal', and I'd vote for WWIII just to piss you off" with a side order of "here are some imagined things that didn't really happen to half-ass justify this".

Yes, people are going to bitch about almost everything Trump does... because he's a disruptive, dangerous, moronic, am

Re: (Score:1)

by luther349 ( 645380 )

you let them ban one platform and it won't end there.

Re: (Score:1)

by luther349 ( 645380 )

or trump realized all the first amendment violations there probably gonna lose in court over.

#WhatsInItForMe (Score:1, Insightful)

by Anonymous Coward

Welcome to the next four year's of "I only like this, if there's something in it for me" government.

Not exactly a new situation, but more brazen.and in your face.

Re: (Score:1)

by luther349 ( 645380 )

where have you been its been that way long before any of us where born.

Tragedy! (Score:2)

by PPH ( 736903 )

My inauguration will have to be posted on YouTube!

Re: (Score:1)

by luther349 ( 645380 )

that will then be taken down by some angry youtube mod.

Don't ban them... (Score:5, Insightful)

by newslash.formatblows ( 2011678 )

until they can pay me to stop it.

Free speech (Score:1)

by Anonymous Coward

Free speech but only on approved mediums.

Re: (Score:1)

by luther349 ( 645380 )

lets fix that free speech but only on platforms we control and censor.

Re: (Score:1)

by sean-it-all ( 10101856 )

Are we regulated to only have one lens to view everything in now? Surely there might be competing lenses to view this such as TikTok's has had a net negative effect.

Hmm. (Score:2)

by kellin ( 28417 )

Trump Flip Flops again. Then again, so do the Democrats. I'm pretty sure they were against banning Tik Tok when Trump wanted to ban it, and now that he wants a stay, they're still fighting for a ban...

[1]https://en.wikipedia.org/wiki/... [wikipedia.org]

[1] https://en.wikipedia.org/wiki/Donald_Trump%E2%80%93TikTok_controversy

Legislation (Score:3, Insightful)

by RossCWilliams ( 5513152 )

Congress passed legislation. That IS a political solution.

There is really no legal basis for the court to delay implementing the law to give the incoming President a chance to persuade congress to overturn it. I think the law is stupid, but that isn't a reason for the court to throw it out either. Of course they can find a reason if they decide to and this may just be a political signal to the court to find one.

Re: (Score:2)

by quantaman ( 517394 )

> Congress passed legislation. That IS a political solution.

> There is really no legal basis for the court to delay implementing the law to give the incoming President a chance to persuade congress to overturn it. I think the law is stupid, but that isn't a reason for the court to throw it out either. Of course they can find a reason if they decide to and this may just be a political signal to the court to find one.

Yeah, I was actually kinda baffled that they didn't even bother to make a legal argument. The [1]GOP legal hacks are on board [reason.com] but I feel like they at least need to throw SCOTUS a fig leaf of legalese (at least the non Thomas/Gorsch/Alito camp).

[1] https://reason.com/volokh/2024/12/30/can-scotus-issue-an-administrative-injunction-in-the-tiktok-case-to-preserve-the-status-quo/

Re: (Score:1)

by luther349 ( 645380 )

this is why i wanna know why is it even in court unless there saying its a violation of the First Amendment and the court has a good chance of throwing it out.

Re: (Score:3)

by fahrbot-bot ( 874524 )

> There is really no legal basis for the court to delay implementing the law to give the incoming President a chance to persuade congress to overturn it.

There's no persuading needed. As President, Trump just has to tell the DOJ to back off pursuing this and then he chooses to not enforce the law. But he can't do that until he's actually president on Jan 20, one day after this is suppose to go into effect on Jan 19, 2025.

Re: (Score:2)

by Martin Blank ( 154261 )

Even if he publicly says that he will order the DOJ not to enforce the law, Apple and Google will both drop it from their app stores because they can't trust him not to flip on a dime the moment he doesn't like it. At that point, it's a $5000 fine per user installing or accessing app since the start of the ban. Trump can also just hold that over them as leverage, having someone quietly suggest that if they don't do this or that, then he'll order the ban enforced. For even a million users, that's $5 billion

Re: (Score:1)

by luther349 ( 645380 )

they have no way to enforce such a fine or ban outside the app stores. people will just side-load it at least on android and move on with their day.

Re: (Score:1)

by luther349 ( 645380 )

who is gonna enforce it anyways? this is just more bad law.

Re: (Score:1)

by luther349 ( 645380 )

why is it even in the Supreme Court its not a continual matter but legislative.

Apple Computers are Made In China ! (Score:2)

by CoolDiscoRex ( 5227177 )

Yet they're banning an app because it's owners are Chinese?

I'll admit it, I haven't been paying attention and even if I had been, I'm basically an idiot.

Can someone explain the rationale like I'm a 5 year-old?

Re: (Score:1)

by luther349 ( 645380 )

the Chinese government can control what you watch, they can control what you think, and who you vote for. so everything are government tries to do. there just relly bad at it.

Re:Apple Computers are Made In China ! (Score:4, Insightful)

by TurboStar ( 712836 )

> Can someone explain the rationale like I'm a 5 year-old?

No, because the issue is too complex for a 5 year-old to understand.

It's not because the owners are Chinese. It's because the company is operated in a country that is politically hostile to the United States. There are no protections from the Chinese government taking control and using the platform for propaganda or other influences.

Re: (Score:1)

by luther349 ( 645380 )

There are no protections from the Chinese government taking control and using the platform for propaganda or other influences. literally all usa big media in 2024. all left-wing propaganda.

Thought experiment (Score:2)

by Baron_Yam ( 643147 )

Imagine how Trump would react to the next president-elect trying this while he was still in the White House.

why aren't other natioms doing this? (Score:1)

by diffract ( 7165501 )

I've been hearing about the issues the US have with TikTok for the longest time. Why aren't other countries scrutinizing big tech companies from the US and China?

From the I-would-bet-money dept. (Score:2)

by Qwertie ( 797303 )

> Trump said the case represents "an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national security concerns on the other."

No he didn't.

Have you really not heard how Trump speaks?

Re: (Score:2)

by Baron_Yam ( 643147 )

He can, for short periods immediately following some accepted direction, read off a teleprompter or cue card with minimal proficiency.

Too many syllables per word or too many sentences and he'll veer off on random rants that sound like they are coming from the mind of someone who didn't make it to high school, though.

If a subordinate asks you a pertinent question, look at him as if he had
lost his senses. When he looks down, paraphrase the question back at him.