By Joséphine Li
On September 27, Federal Judge Nichols partially granted the request from TikTok for a temporary injunction against a push by the Trump administration to ban the app in the US.
The court drama on September 27, with the ruling landing mere hours before the ban was to take effect, was a new chapter in a protracted saga still without a clear ending. But as things stand, TikTok will not be kicked off of US app stores, at least not yet.
The attorney representing TikTok, John Hall, said during an emergency hearing on the morning of September 27 that the ban would have been an “extraordinary action” at the very time when the need for open, free and accessible communication in America is at its peak.
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Meanwhile, government lawyers argued at the hearing that TikTok is owned by a Chinese company and represented a danger to US national security. Due to the fact that the app’s parent company, ByteDance, is based in Beijing, China. The Trump administration has said the app’s US user data could end up in the hands of the Chinese government. TikTok has denied this possibility and has claimed that it keeps US data stateside, with a backup in Singapore.
During the emergency hearing, Judge Nichols indicated that the Trump administration’s ban could be considered a “fairly severe deprivation” of the company’s due process rights. However, the situation still remains unclear since Judge Nichols’s opinion was issued under seal.
On September 27, Judge Nichols asked both sides to propose a timeline for more detailed arguments. His exact reasoning for the order is not public, which means the courts could also ultimately side with the government and allow the ban to move forward.
The Commerce Department announced earlier this month that TikTok would be banned on September 20, and further restrictions would be imposed on November 12 — a full ban rendering the app unusable for US users if an American deal for TikTok isn’t completed by then.
The Commerce Department delayed the initial deadline last weekend after President Trump gave his preliminary approval to an agreement that involved TikTok, ByteDance, Walmart and Oracle. The pending deal was intended to address Trump’s national security concerns about the app and give at least partial ownership of TikTok to American companies and investors.
TikTok said in a statement that it was pleased with the verdict — “We will continue to defend our rights for the benefit of the community and our employees.” The company also expressed that it would continue to consult with the government on the matter.
The Commerce Department said on September 27 that it would comply with the ban, but adding that its order was fully in line with the law and promotes legitimate national interests.
