Judge Carl Nichols (D.D.C) has granted TikTok’s request for a preliminary injunction, delaying , that was supposed to take place starting Sunday at 11.59 ET.
The US TikTok’s preliminary injunction to block the ban of the video app, but the Judge Carl Nichols has ruled in TikTok’s favor.. The DOJ filed a sealed opposition to
“We’re pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban,” TikTok said, in a statement sent to CNET. “We will continue defending our rights for the benefit of our community and employees. At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement.”
In August President Trump signed an executive order banning “any transaction by any person” with Bytedance,. A separate executive order, issued Aug. 14, ordered ByteDance to sell its US operations by Nov. 12, leading to , .
The order to ban new downloads of TikTok had initially been issued on September 18 by the Commerce Department, and was scheduled to take place September 20. That ban was delayed until September 27 when a potential deal between Oracle and TikTok was initially announced. This successful request for a preliminary injunction delays any potential bans further.
Lawyers for TikTok had argued that removing the app in the lead-up to an election, in the midst of a pandemic, would infringe on the rights of US citizens to broadcast their views.
It would be “no different from the government locking the doors to a public forum,” explained John Hall, a lawyer for TikTok. He called the decision to ban new downloads “arbitrary and capricious.”
A statement from the US Department of Commerce stated the Government would “comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges.”