A US federal court has declared a ban on TikTok will not come into effect on Monday as planned.
The move to delay the expected ban will allow Americans to continue using the app while the court reviews the legality of the ban and whether the app poses a national security risk, as the Trump administration claims.
For weeks since President Donald Trump signed two executive orders in early August, the government has threatened to shut down the viral video-sharing app for fear of parent company ByteDance. The headquarters in Beijing could be forced to share user data with the Chinese government. TikTok, which has 1
TikTok first filed a lawsuit against the administration on September 18 and filed an injunction on Thursday of this week to prevent the ban from going into effect on Sunday evening. On Friday, the government asked the court to reject the injunction in a sealed motion, which the government later rejected as a public motion with some editors. A public hearing on the injunction was scheduled for Sunday morning. The case will be heard in the DC District Court, presided over by Judge Carl J. Nichols.
In its ruling on Sunday, the court only issued its ruling, with the formal opinion only being given to the two opposing parties in private. Due to the sensitive material contained in the government’s motion, parties have until Monday to request any changes before the final position is published.
The Decision is only the final episode in the ongoing saga of the sweeping battle for the future of America’s fastest growing social app. An agreement between ByteDance and the U.S. government last weekend was believed to have resolved the stalemate between the two parties, but the agreement has frayed over controversial details between buyers Oracle and ByteDance.
The government first launched an action against TikTok on August 6th. President Trump argued in an executive order that the app posed an inappropriate national security risk to American citizens. That order mirrored a similar one, released the same day, that restricted the popular Mandarin-language messenger app WeChat, owned by Tencent of China.
Last weekend, a federal judge in San Francisco issued an injunction against the Commerce Department’s ban on WeChat pending further judicial deliberations. TikTok, whose arguments match those of the WeChat lawsuit, was hoping for a similar outcome in its own lawsuits.
One difference between the two lawsuits is the plaintiffs. In the case of WeChat, a group of WeChat users filed a lawsuit in which they argued that a ban would affect their expression. TikTok represents itself in its own battle with the government.
The lawsuit is TikTok Inc. et al. Against Trump et al. (1: 2020-cv-02658).