BREAKING: Federal judge temporarily suspends President Trump's order that would have banned popular app TikTok from app stores on Sunday.
FILE - This Feb. 25, 2020, file photo, shows the icon for TikTok in New York. TikTok asked a judge to block the Trump Administration’s attempt to ban its app, suggesting the Chinese-owned app’s deal with Oracle and Walmart remains unsettled. An app-store ban, delayed once by the government, is set to go into effect Sunday, Sept. 27, 2020.
A more comprehensive ban remains scheduled for November, about a week after the presidential election. The judge, Carl Nichols of the U.S District Court for the District of Columbia, did not agree to postpone the later ban. The 90-minute hearing came after President Donald Trump declared this summer that TikTok was a threat to national security and that it either sold its U.S. operations to U.S. companies or the app would be barred from the country.
“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.
Justice Department lawyer Daniel Schwei sought to undercut TikTok lawyers’ argument, saying that Chinese companies are not purely private and are subject to intrusive laws compelling their cooperation with intelligence agencies. The Justice Department has also argued that economic regulations of this nature generally are not subject to First Amendment scrutiny.
The two sides of the TikTok deal have also appeared at odds over the corporate structure of TikTok Global. ByteDance said last week that it will still own 80% of the U.S. entity after a financing round. Oracle, meanwhile, put out a statement saying that Americans “will be the majority and ByteDance will have no ownership in TikTok Global.”
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