A judge for the US District Court for the District of Columbia on Sunday delayed the Trump administration’s ban on TikTok. The ban would have taken effect on September 28, but the judge delayed the ban’s enforcement until the conclusion of the case TikTok filed earlier this month.
In a memorandum opinion, the judge determined that the ban irreparably harmed TikTok and that TikTok would likely win the case on its merits. The court found that the president likely lacks the power to ban TikTok under the International Emergency Economic Powers Act (IEEPA). In his opinion, Judge Carl Nichols remarked:
IEEPA’s informational-materials limitation deprives the President of authority to regulate or prohibit—”directly or indirectly,” “regardless of format or medium of transmission,” and “whether commercial or otherwise”—the importation or exportation of “informational materials.” The phrase “informational materials” is immediately followed by a nonexhaustive list of examples, “including but not limited to, publications, films, … photographs, … artworks, … and news wire feeds.” Plaintiffs argue that the Secretary’s prohibitions are covered by this express carveout because the prohibitions will prevent U.S. users—both new U.S. users starting today at 11:59 p.m., and then all U.S. users on November 12—from sharing and receiving content on TikTok. They argue that over 100 million Americans currently use TikTok to share their films, photographs, art, and news with users across international borders and that “U.S. content can comprise as much as 60% of the content in TikTok’s non-U.S. markets.” … This content, Plaintiffs argue, constitutes “informational materials” the importation and exportation of which cannot be regulated, either indirectly or directly, pursuant to IEEPA.
This case follows after a similar suit by WeChat, another technology company affected by the ban. A federal judge has also blocked the enforcement of the ban against WeChat.