Judge Surprisingly Rejects Trumps TikTok Ban
In a surprising turn of events, Judge Carl Nichols goes against President’s Trump wishes to ban TikTok despite being an elected judge by Trump himself.
Around August 6, Trump stated he wanted a US company to buy a part of TikTok to represent US operations, and if that did not happen by September 15, he would issue a ban on the app. His wish was based on the belief that TikTok’s programming was not safe for users with flaws regarding data privacy. There was even a national security review to investigate the app for security issues that could be detrimental to users.
While some company’s such as Microsoft expressed interest in the tech giant, nothing official was approved within Trump’s demanded window of time. If you were on the app while the ban was being discussed, you probably saw some of your favorite TikTokers discussing what they would do next after the app was banned.
So trump got block from blocking tiktok app. Kinda ironic
— Jordy Boulet-Viau (@Jordybouletviau) September 28, 2020
However, TikTok used the court systems to fight back, issuing an injunction on Donald Trump to halt the ban—for now. They debate the Executive Order on several points: the overstepping of the Presidents executive powers, a violation of users’ rights to the First Amendment, and it violates the Administrative Procedure Act. TikTok argued in the injunction that the most pressing issue— despite those listed—is that if the ban were to take effect, TikTok would sustain damage that would likely spell a death sentence for the app. If TikTok were to cease operations for the next two months, their users would stop participating and most likely leave for good.
The defense attorney for TikTok, John Hall, stated, “This case is about the freedom of expression… Yes, TikTok is an app, but it is more than that. It’s a modern-day version of a town square … and it’s huge. One hundred million users, a third of the country. If the prohibition goes into effect, the consequences would be great. It’d be no different than the government locking everyone out from that town square, roping it off, telling a third of the country that it’s not interested in hearing you. And the government would take this action at a time when the need for communication is at absolute zenith — 37 days before an election.”
My thoughts on the #TikTok ban. It’s not bc of “national security” but rather bc @realDonaldTrump wants to silence the people trying to create real change. It’s a platform where young, educated, empowered people have a voice and that scares him to his core.
— Rohit Koratkar (@Ro_Exotic) September 25, 2020
Judge Nichols agreed with the perspective that if TikTok were banned, irreparable harm would occur. In his unsealed opinion, he believes that the app does not violate the Espionage Act, as Donal Trump claims. He also believes TikTok is a platform of personal communication, therefore each video acts like a text message or a phone call, and therefore cannot be regulated just like a text or a phone call can’t be regulated.
really thought it was going to get banned a sec lol#tiktok #tiktokban #app pic.twitter.com/Q1WQJlfsWy
— Slug Queen (@eemapso) September 28, 2020
TikTok’s security protocols are under review but for now, you can find it on the App Store.
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