Second judge bans Trump administration move to ban TikTok downloads

A second judge has granted a preliminary injunction blocking the Trump administration from banning TikTok downloads in the U.S.

Monday’s order from U.S. District Judge Carl Nichols prevents the agency from barring the hosting of TikTok data within the U.S., content delivery services and other technical transactions, Reuters reported.

Nichols said the Commerce Department “likely overstepped” its authority in issuing the restrictions and “acted in an arbitrary and capricious manner by failing to consider obvious alternatives,” according to the news outlet.

A spokesperson for TikTok told The Hill in a statement on Tuesday that it is “pleased that the court agreed with us and granted a preliminary injunction against all prohibitions of the Executive Order.”

A Commerce spokesperson, meanwhile, said in a statement to The Hill that the new order is “fully consistent with law and promotes legitimate national security interests.”

“The Government will continue to comply with the injunctions and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges,” the spokesperson said.

In October, a judge in Pennsylvania also blocked the restrictions after TikTok creators sued, the Journal notes. They argued that the ban would have deprived them of their income and their ability to express themselves. 

The restrictions followed an Aug. 14 executive order calling for TikTok to be shut down or sold to a U.S. company. The administration argues that TikTok poses a national security threat, but the company has denied the allegations.

The latest deadline for ByteDance to sell its widely popular video-sharing app passed without a final deal being reached or the administration extending the deadline. The federal government will reportedly not enforce the order requiring the sale, but will not further extend the deadline.

President Trump tentatively approved a deal in September that would establish a U.S.-headquartered TikTok Global with partial U.S.-based owners, Oracle and Walmart. 

–Updated at 9:59 a.m.

Tags Donald Trump tiktok

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