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US judge blocks TikTok download ban temporarily
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A FEDERAL judge on Sunday temporarily blocked a Trump administration order that would have banned the popular video sharing app TikTok from US smartphone app stores around midnight.
Judge Carl Nichols of the US District Court for the District of Columbia issued the preliminary injunction in a brief order late on Sunday.
The opinion was sealed, so no reason for the decision was released. The judge may unseal portions of the order after consulting with lawyers from both sides.
The ruling followed an emergency hearing on Sunday morning in which lawyers for TikTok argued that the administration’s app store ban would infringe on First Amendment rights and do irreparable harm to the business.
In August, President Donald Trump declared that TikTok, owned by Chinese company ByteDance, was a threat to national security and that it must either sell its US operations to American companies or be barred from the country.
A more comprehensive ban remains scheduled for November 12, about a week after the presidential election. The judge did not agree to postpone the broader ban.
TikTok is still scrambling to firm up a deal tentatively struck a week ago in which it would partner with Oracle, a huge database-software company, and Walmart in an effort to win the blessing of both the Chinese and American governments. In the meantime, it is fighting to keep the app available in the US.
TikTok said in a statement that it was pleased with the court ruling and continues to work to turn its deal proposal into an actual agreement. The Department of Commerce, which is responsible for the specific orders banning TikTok, said it will comply with the judge’s order but intends to vigorously defend the administration’s efforts against the app. It did not specify whether the government would appeal.
In arguments to Judge Nichols, TikTok lawyer John Hall said the ban was “unprecedented” and “irrational.”
“How does it make sense to impose this app store ban tonight when there are negotiations underway that might make it unnecessary?” Hall asked during a 90-minute hearing. “This is just punitive. This is just a blunt way to whack the company.”
Hall argued that TikTok is more than an app, since it functions as a “modern day version of a town square.” “If that prohibition goes into effect at midnight, the consequences immediately are grave,” Hall said. “It would be no different than the government locking the doors to a public forum, roping off that town square” at a time when a free exchange of ideas is necessary heading into a polarized election.
TikTok lawyers also argued that a ban on the app would affect the ability of tens of thousands of potential viewers and content creators to express themselves every month and would also hurt its ability to hire new talent. In addition, Hall argued that a ban “would undermine data security” by blocking updates and fixes to the app.
Another US judge in Pennsylvania, on Saturday rejected a bid by three TikTok content creators to block the ban, while a judge in California has blocked a similar order from taking effect that would ban Tencent Holdings’ messaging app WeChat from US app stores.
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