Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

TikTok Won't Be Banned In the United States...Yet.

BEIJING, CHINA - SEPTEMBER 22: In this photo illustration, a mobile phone can be seen displaying the logos for Chinese apps WeChat and TikTok in front of a monitor showing the flags of the United States and China on an internet page, on September 22, 2020 in Beijing, China. Both popular Chinese-owned apps are facing bans under an executive order signed by United States President Donald Trump, but on Saturday, Trump said he was giving the go ahead to a deal between TikTok, Oracle, and Walmart and a judge in California issued a preliminary injunction blocking the administrations WeChat ban. (Photo by Kevin Frayer/Getty Images)
By Laura Temme, Esq. on September 29, 2020 12:40 PM

In a decision given to the parties on Sunday night, a federal judge in the D.C. Circuit has put President Trump's plans to ban TikTok on hold. The wildly popular video-sharing app currently has around 100 million users in the United States.

Trump Cites Security Concerns in TikTok Ban

Some fear that the app's parent company, ByteDance, would be required to turn over user data to the Chinese government if asked. Others are concerned about censorship or propaganda. Arguing that the app presented an unreasonable national security risk for American users, President Trump signed an executive order in August to ban downloads of TikTok in the U.S.

Several companies in Big Tech put in bids to take over TikTok operations in the U.S. as a solution to these concerns. But the deal reached between ByteDance and the U.S. government recently fell apart due to disagreements between the Chinese company and potential buyer Oracle.

TikTok Obtains Preliminary Injunction

President Trump's ban was set to take effect on September 28, but D.C. Circuit Judge Carl J. Nichols granted an emergency injunction requested by TikTok over the weekend. Judge Nichols' decision came down just four hours before TikTok would have disappeared from mobile app stores.

The full decision is currently sealed. Judge Nichols called the executive order a "largely unilateral decision with very little opportunity for the plaintiffs to be heard." However, if a new deal can't be reached, ByteDance still faces a complete ban of the app on November 12.

Related Resources:

Can the Government Really Ban TikTok? (FindLaw's Law & Daily Life)

Committee Hearing Shows the Fight to Regulate Big Tech Is Just Starting (FindLaw's Technologist)

Will Upcoming Battle Royale Against Google and Apple Finally Lead to App Store Changes? (FindLaw's Technologist)

Find a Lawyer

More Options