A US federal judge in the Eastern District of Pennsylvania Friday postponed President Trump’s TikTok ban. The court’s order follows after three US influencers filed suit over the ban.
In deciding that the ban should be postponed throughout the entire United States, Judge Wendy Beetlestone found that postponement of the ban nationally was the only way to protect the interest of the influencers:
Undertaking the fact-dependent inquiry in this case, a nationwide injunction is appropriate. First, such a remedy is the proper means to provide complete relief to Plaintiffs. Plaintiffs reside in three different states and have followers throughout the United States. In order to provide Plaintiffs complete relief, the TikTok app would, at minimum, need to remain available not only to Plaintiffs, but also to their millions of followers. The Court must consider what remedy is workable, and “drafting – much less enforcing – a preliminary injunction that runs only” to only the three named Plaintiffs “is nigh impossible.” Id. The parties at oral argument were unable to explain how the various services providers whose transactions are affected by the Commerce Identification could tailor the ban so that the specified users were unaffected. Service providers provide support to the TikTok app itself, not to individual TikTok users. Even if ordered to do so, there is no indication that service providers are able to: (1) identify which TikTok app users follow the Plaintiffs; (2) ensure that these applications are properly serviced and functioning; and (3) comply with the Commerce Identification with respect to the remaining TikTok users within the United States. Moreover, such a remedy would still be underinclusive, as Plaintiffs’ would be prevented from reaching new followers.
The President signed the TikTok ban in early August citing national security concerns. The Trump administration cannot now implement the ban until the case is decided on its merits.