US government appeals TikTok ruling that suspended Donald Trump’s ban on the app
- The appeal follows a filing by a lawyer in support of TikTok’s parent ByteDance, which asked for a permanent end to the US president’s ban on the app
- US District Judge Carl Nichols granted a preliminary injunction against the ban on September 27
The US government on Thursday appealed a court ruling that suspended the ban of Chinese owned viral video-sharing app TikTok.
The appeal, which was submitted to the DC Circuit Court of Appeals, followed a Thursday filing by lawyer Jeffrey Lovitky in support of TikTok’s parent ByteDance, which asked the judge to permanently stop President Donald Trump’s ban on the app. The ban is presently set to go into effect on November 12.
Nichols said the administration likely overstepped its authority to invoke the International Emergency Economic Powers Act (IEEPA), a national declaration triggered by unusual and extraordinary threats to the country. Nichols also said the administration likely violated First Amendment free speech protections.
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Both have denied the claim. The executive order set in motion the proposed bans that would take effect in two phases.
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After the judge’s ruling to put the ban on hold, the Commerce Department defended Trump’s executive order to ban TikTok, saying that while it would comply with the court order for a delay, it intends to “vigorously defend” the order.
“The [executive order] is fully consistent with the law and promotes legitimate national security interests,” the Commerce Department said in a statement.
