The social media company TikTok has faced intense scrutiny over its parent company, ByteDance, due to its connections with the Chinese Communist Party (CCP). Whistleblower reports have alleged that ByteDance has shared sensitive information with the CCP, including Americans’ browsing habits and facial recognition data. Virginia Attorney General Jason Miyares argued that allowing TikTok to operate in the United States without severing its ties to the CCP puts Americans at significant risk of having their personal data accessed and exploited. “Virginians deserve a government that stands firm in protecting their privacy and security,” Miyares said in a statement. He emphasized that the Supreme Court has an opportunity to affirm Congress’s authority to shield Americans from foreign threats while ensuring the First Amendment is not misused to defend exploitative practices by foreign adversaries.

On Friday, December 27, 2024, Virginia Attorney General Jason Miyares, Montana Attorney General Austin Knudsen, and other state legal officials submitted an amicus brief to the Supreme Court, advocating for TikTok to sever its ties with the CCP or face a potential ban. Miyares’ statement underscored the risks associated with TikTok’s operations and the importance of safeguarding American privacy.

That same day, President-elect Donald Trump filed his own amicus brief, requesting that the Supreme Court pause any impending TikTok ban. Trump’s brief argued for the right of the future president to make decisions about TikTok’s fate once he is inaugurated. According to Steven Cheung, Trump’s spokesman and incoming White House communications director, this approach aims to preserve American national security. “The brief” asked the court to extend the deadline that would cause TikTok’s imminent shutdown and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as president of the United States on Jan. 20, 2025. 

In his announcement, Miyares reiterated his concerns about TikTok’s connection to the CCP. “Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to undeniable risks,” he said.

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President-elect Donald Trump’s approach underscores his focus on balancing national security with the interests of the American people. Trump has acknowledged that TikTok provides a platform where many Americans earn income and express themselves creatively. However, he stresses the importance of protecting sensitive data from the Chinese Communist Party. His request for the Supreme Court to delay TikTok’s potential shutdown until he assumes office demonstrates his intent to carefully review the situation. Trump aims to preserve freedom of speech and ensure that American data remains secure, reflecting his commitment to both individual rights and national security.

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