TikTok faces ‘uphill struggle’ in court challenge to Donald Trump’s ban
- The popular Chinese-owned video sharing platform has confirmed it will sue over the executive order to wind down its US operations
- Company could challenge order on grounds of due process or first amendment, but some observers are sceptical about its chances of success
TikTok’s decision to challenge Donald Trump’s order banning the popular video-sharing app is set to trigger a legal battle that many analysts see as a long shot.
The US President signed an executive order on August 6 banning TikTok within 45 days unless it is sold to US owners, citing national security concerns.
Trump made the order under a 1977 law that lets the president block transactions and seize assets in response to an “unusual and extraordinary threat”.
Trump issued another order a week later giving ByteDance, its Chinese owner, 90 days to divest its US operations, including all data gathered in the United States.
The lawsuit, to be filed by TikTok on Monday, challenges the August 6 executive order on the grounds that the order’s reliance on the US International Emergency Economic Powers Act deprives TikTok of due process, Bloomberg reported citing sources.
A statement from TikTok released on Saturday said it had “sought to engage in good faith to provide a constructive solution” even though it “strongly disagrees” with the grounds for the ban.