TikTok: Judge Blocks App Store Ban Hours Before It Would Take Effect

By Dana Cruz First Posted: Sep 28, 2020 02:38 AM EDT

TikTok was granted a temporary reprieve on Sunday by a federal judge who blocked the U.S. app store ban hours before it was due to take effect.

(Photo : Florence Lo)
FILE PHOTO: China and U.S. flags are seen near a TikTok logo in this illustration picture taken July 16, 2020.

A judge in Washington temporarily blocked President Donald Trump's order for an app store ban on both Apple and Google from TikTok.

The app store ban was supposed to happen on 11:59 p.m. on Sunday, preventing users from downloading TikTok on their phones. Other than that, users who still have the app on their mobile devices will not be able to get updates, the BBC said in a report.

Judge Carl Nichols granted a preliminary injunction sought by TikTok's owner, ByteDance. It allows the app to remain in U.S. app stores.

His detailed written opinion is set to be released as soon as Monday. There was no reason release yet for his decision.

The injunction declined "at this time" to block more Commerce Department restrictions that are set to take effect on November 12. According to The Guardian, TikTok said these restrictions made the app impossible to use in the U.S.

The Commerce Department said in a statement that it will follow through with the injunction.

There was no statement saying the government will appeal to the judge's decision.

TikTok Gains Victory from Judge Decision

As CNN reported, the decision is a victory for the Chinese-owned video-sharing app. Before the decision, it said the app store ban was unconstitutional and a violation of due process.

"We're pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban," TikTok said in a statement.

Its attorney John Hall said the ban came at an "extraordinary time." Americans are looking for "free open and accessible communication" just as Election Day looms near.

TikTok's app ban battle is just one of the attacks it faced after Trump ordered to be divested from ByteDance within 90 days.

The president issued an executive order that required TikTok's sale to a U.S.-based company. This resulted in Oracle's purchase of TikTok.

TikTok and its legal counsel have repeatedly denied claims that the company is relaying U.S. users' data to the Chinese government.

The app store ban was initially postponed by a week because of the TikTok-Oracle deal, but the purchase is not yet final as it also has to go through the Chinese government.

TikTok isn't the only Chinese-owned company to gain some swipes from the Trump administration. Tencent's messaging app WeChat was also targeted in the app store ban.

TikTok's Defense

Being forced off iOS and Android app stores violated the First and Fifth Amendments, TikTok argued. It claimed that stopping users from updating their services or downloading the app prevented their freedom of speech.

The company also said there was also a breach in their right to due process as they were not given proper chances to defend itself.

The app's legal team said imposing the app store ban did not "make sense" because there were negotiations underway. Having a ban imposed might be unnecessary once the deal is closed.