A federal judge,Carl Nichols has partially granted Chinese owned app, TikTok’s request for a temporary injunction against a push by the Trump administration to ban the app in the United States
During the emergency court hearing,judge stated that the Trump administration’s ban could be considered a “fairly significant deprivation” of the company’s due process rights.
The Judge did not explain the ruling but asked both sides to make time for a detailed argument. Judge Carlos Nichols was nominated by Donald Trump last year.
The Trump administration order had sought to ban new downloads of the app from midnight (0400 GMT Monday) but would allow use of TikTok until November 12, when all usage would be blocked if the deal with the US companies does not get finalised by then, while TikTok plans to continue its discussion with the US government to reach a favourable agreement.
The Commerce department delayed its initial deadline last weekend after Trump gave permission to an agreement that involved TikTok, ByteDance, Oracle (ORCL) and Walmart (WMT) even though the deal has still not been finalized.
The China-based company took the US government to court after the ban was announced. Appealing for an injunction, Tiktok’s parent company stated that the ban was a violation of the First Amendment free speech rights as the video-sharing app is used by people to express themselves. As per reports.
TikTok also argued that the ban would cause irreparable harm to the app while the government argued that they only wanted a brief ‘under seal’. They further added that the under seal would not be a public record to which the company tentatively agreed while reserving the rights to request certain documents be made public.
TikTok’s parent company ByteDance is based in China, and the Trump administration has claimed that Americans user data is seen by the Chinese government through the app. but Tiktok says it keeps all US data in the United States, with a data backup in Singapore.
The company also said the ban was unnecessary because negotiations were already underway to restructure the ownership of TikTok to address national security issues raised by the administration.
Government lawyers argued the president has a right to take national security actions, and said the ban was needed because of TikTok’s links to the Chinese government through its parent firm ByteDance.
The Commerce Department said late Sunday that it would comply with the injunction, but added that its order was “fully consistent with the law and promotes legitimate national security interests.”