Washington: Democratic Senator Ed Markey and Republican Senator Rand Paul have called on President Joe Biden to grant a 90-day extension to the January 19 deadline requiring ByteDance, the China-based parent company of TikTok, to divest its U.S. assets or face a ban. The senators argue that the extension would allow time to address the law’s legal uncertainties and implications for free expression.
The Supreme Court announced on Wednesday that it will review TikTok and ByteDance’s legal challenge against the looming deadline. The Court has scheduled oral arguments for January 10. In their letter to Biden, the senators stated, “Given the law’s uncertain future and its consequences for free expression, we urge you to trigger the 90-day extension before January 19.”
The White House and TikTok have not yet commented on the matter. The legal challenge stems from a lower court ruling that upheld the law, which Congress passed in April and Biden signed. The law cites national security concerns, claiming TikTok’s access to extensive data on American users and its alleged capacity to manipulate content pose significant risks.
TikTok, used by approximately 170 million Americans, has consistently denied these allegations, asserting that it poses no immediate threat to U.S. security. The company and ByteDance argue that the law violates First Amendment free speech protections under the U.S. Constitution.
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Senate Republican leader Mitch McConnell, in a Supreme Court filing, opposed any delay, comparing TikTok to a hardened criminal. Republican Senator Josh Hawley and Democratic Senator Richard Blumenthal have also emphasized that ByteDance must comply with the law.
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Meanwhile, Republican President-elect Donald Trump, who previously attempted to ban TikTok during his first term in 2020, has softened his stance. During this year’s presidential race, Trump pledged to protect TikTok, stating this week that he has “a warm spot in my heart for TikTok” and promising to “take a look” at the situation. Trump is set to assume office on January 20, a day after the deadline under the law.
