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TikTok has asked a federal judge to file an injunction halting Donald Trump's ban

Sep 24, 2020, 02:01 IST
Business Insider
Jim Watson/AFP via Getty Images; Samantha Lee/Business Insider
  • TikTok is facing down the deadlines set by Donald Trump's executive orders to implement a partial app ban on Sunday and a total ban on November 12.
  • On Wednesday, TikTok filed a preliminary injunction asking a federal judge to delay Trump's ban planned for September 27 at 11:59 p.m.
  • The injunction was filed as part of TikTok's lawsuit against the US government challenging the legality and constitutionality of Trump's August 6 executive order. If approved, the injunction would delay Trump's ban until further notice, likely when a decision on TikTok's lawsuit is made.
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TikTok is asking a federal judge to issue an injunction halting Donald Trump's partial app ban set to take effect this weekend.

TikTok filed a request Wednesday afternoon for "preliminary injunctive relief" that would prevent the US government from implementing its ban September 27 on new downloads of the app and software updates for existing users.

According to court documents, TikTok requests an expedited hearing on its motion for an injunction in order to beat the September 27 deadline. TikTok is requesting a response from Trump and the Commerce Department by Friday at 2:30 p.m. ET, and the US District Court to hold a hearing and make a decision before the ban is implemented Sunday at 11:59 p.m.

If the court signs off on the injunction, the US government's two-step ban on TikTok would be delayed until further notice. The US Commerce Department recently clarified that under Trump's two executive orders from August, the US government would first bar new downloads and software updates before implementing a complete US ban on November 12. Over the weekend, Trump delayed the first step until September 27 after giving his "blessing" to the deal meant to keep TikTok in the US without Chinese ownership.

TikTok lawyers from Covington & Burling filed Wednesday's injunction request as part of TikTok's lawsuit against the US government challenging the legality of Trump's proposed ban. The complaint — refiled Friday in federal court in Washington, D.C. — argues Trump's executive order is unconstitutional, citing violations of First Amendment Rights and due process.

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It's unclear what will happen to the US government's planned TikTok ban if a deal to settle the company's ownership in the US is finalized. However, the details of the deal — in which a new company called TikTok Global will be formed with partial stakes for Oracle and Walmart — are still readily disputed by the various entities about whether American investors or ByteDance could end up with majority ownership.

The deal still needs official approval from Trump and the Chinese government.

This story is developing...

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