TikTok asks judge to halt November ban in US, citing ‘irreparable harm’
- Second phase of restrictions on American companies doing business with the video app are unlawful and unconstitutional, TikTok argues in court filing
- A judge has already granted the Chinese-owned app a temporary injunction to block a ban on new US downloads, ordered by the Trump administration
The November ban is the second phase of proposed restrictions by the US Department of Commerce that would prohibit American companies from doing business with the app. The first phase, which would have prohibited new downloads in the US starting on September 27 but would have allowed existing users to keep it, was halted when Judge Carl Nichols of Washington issued a temporary injunction in favour of the app.
TikTok urged Judge Nichols to prevent the ban beginning on November 12, arguing that it would cause “irreparable harm” to the company. Lawyers argued the restrictions “would completely shut down TikTok in the US” even if they were later lifted.
06:35
US demands for TikTok may escalate decoupling and hurt businesses, says China expert
In the September ruling, Judge Nichols said ByteDance would probably succeed in proving the US government had overstepped its authority in invoking the International Emergency Economic Powers Act (IEEPA), a national declaration intended to be triggered by unusual and extraordinary threats to the country. The administration had also probably violated constitutional free speech protections, he said.
In Wednesday’s filings, TikTok argued largely the same points, including that the November 12 ban violated the IEEPA and the First Amendment of the constitution.
The IEEPA, TikTok said, “does not include the authority to regulate or prohibit, directly or indirectly, any personal communication”.
The remaining prohibitions also violated TikTok’s constitutional rights by not allowing the company due process, it said.
What does the latest US court ruling on TikTok mean?
ByteDance sued Trump, Commerce Secretary Wilbur Ross and the commerce department on August 24, saying the US had offered insufficient evidence to support the claim that it posed a security threat.
After Nichols’ ruling, the commerce department backed Trump’s executive order, saying that, although it would comply with the court order to delay the first ban, it intended to “vigorously defend” it. “The [executive order] is fully consistent with the law and promotes legitimate national security interests,” it said in a statement.
01:46
Oracle reaches deal to become TikTok’s ‘technology partner’, after Microsoft offer is rejected
ByteDance has sought approval of its deal to sell its US operations to Oracle and Walmart. The sale process was triggered by a separate executive order Trump announced on August 14, requesting ByteDance to sell TikTok’s US operations to an American buyer for national security reasons.
