Published: 20:54, December 8, 2020 | Updated: 08:50, June 5, 2023
US federal judge blocks Trump administration's TikTok ban
By Xinhua

The logo of TikTok is displayed on the screen of a smartphone against a computer screen background with TikTok logos in Arlington, Virginia, the United States, Aug 3, 2020. (LIU JIE / XINHUA)

WASHINGTON - A US federal judge on Monday blocked the Trump administration's ban on the popular video-sharing app TikTok, the latest defeat in the administration's clamp down on the app.

"For the foregoing reasons, Plaintiffs' Motion for a Preliminary Injunction is granted as to all the prohibitions listed in the Commerce Identification. An Order will accompany this Memorandum Opinion," Judge Carl Nichols of the US District Court for the District of Columbia wrote Monday in a court document.

Nichols noted that the Trump administration "likely overstepped" its authority under the International Emergency Economic Powers Act (IEEPA) and acted in an "arbitrary and capricious" manner by failing to consider obvious alternatives.

Nichols noted that the Trump administration "likely overstepped" its authority under the International Emergency Economic Powers Act (IEEPA) and acted in an "arbitrary and capricious" manner by failing to consider obvious alternatives

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On Aug 6, US President Donald Trump issued an executive order banning US transactions with TikTok and its Chinese parent company ByteDance in 45 days, citing national security concerns under the IEEPA.

Following that order, the US Commerce Department in September published a list of five sets of prohibited transactions related to the TikTok, set to take effect from Sept 27 and Nov 12, separately.

TikTok filed a lawsuit against the Trump administration, challenging the legitimacy and constitutionality of the Aug. 6 executive order, and argued that there was no credible evidence to back up Trump's national security claims.

On Sept 27, Nichols temporarily blocked a ban from the Commerce Department that would prevent new downloads of the TikTok and software updates for existing users.

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Separately, Judge Wendy Beetlestone of the US District Court for the Eastern District of Pennsylvania on Oct 30 temporarily blocked Commerce Department restrictions that would ban US companies from doing business with TikTok from Nov 12.

The judge ruled that she found the US government's "own descriptions of the national security threat posed by the TikTok app are phrased in the hypothetical" and therefore she could not find that "the risk presented by the government outweighs the public interest in enjoining" the ban.

On Nov 12, the Commerce Department said that it will not enforce an order to ban TikTok "pending further legal developments," citing a recent ruling by Beetlestone.

Washington's proposed ban on the app has caused widespread concern in the United States. For some Americans, TikTok is a fun and engaging way to while away the time with their friends online, while for businesses it is a powerful economic engine.