TikTok’s fate in the balance as judge weighs app store ban
NEW YORK — Lawyers for TikTok pleaded with a U.S. federal judge on Sunday to delay the Trump administration’s ban of the popular video sharing program from app stores set to take effect at the end of the day, arguing the move would infringe on First Amendment rights and do irreparable harm to the business.
The 90-minute hearing came after President Donald Trump declared this summer that TikTok was a threat to national security and that it either sell its U.S. operations to U.S. companies or the app would be barred from the country.
TikTok, owned by Chinese company ByteDance, is scrambling to firm up a deal tentatively struck a week ago in which it would partner with tech company Oracle and retailer Walmart, and that would get the blessing of the Chinese and American governments.
In the meantime, it is fighting to keep the app available in the U.S.
The ban on new downloads of TikTok, which has about 100 million users in the U.S, was delayed once by the government. A more comprehensive ban is scheduled for November, about a week after the presidential election. Judge Carl Nichols of the U.S. District Court for the District of Columbia said he would make a decision by late Sunday, leaving TikTok’s fate hanging.
In arguments to Judge Nichols, TikTok lawyer John Hall said that TikTok is more than an app but rather is a “modern day version of a town square.”
“If that prohibition goes into effect at midnight, the consequences immediately are grave,” Hall said. “It would be no different than the government locking the doors to a public forum, roping off that town square” at a time when a free exchange of ideas is necessary heading into a polarized election.
TikTok lawyers also argued that a ban on the app would stop tens of thousands of potential viewers and content creators every month and would also hurt its ability to hire new talent.
Hall also argued that a ban would prevent existing users from automatically receiving security updates, eroding national security.
Justice Department lawyer Daniel Schwei sought to undercut TikTok lawyers’ argument, saying that Chinese companies are not purely private and are subject to intrusive laws compelling their cooperation with intelligence agencies. The Justice Department has also argued that economic regulations of this nature generally are not subject to First Amendment scrutiny.
“This is the most immediate national security threat,” argued Schwei. “It is a threat today. It is a risk today and therefore it deserves to be addressed today even while other things are ongoing and playing out.”