Second Federal Judge Rules Against Trump Order to Ban TikTok

[MacRumors]

A federal judge on Monday blocked the Trump administration's attempt to ban new downloads of TikTok in the United States, the latest defeat in the White House's efforts to outlaw the app in the country (via TechCrunch).

President Trump in August signed an executive order that would officially ban any U.S. transactions with TikTok if its Chinese parent ByteDance did not reach a deal to divest it to a U.S. company. Commerce Department officials later said they were taking the unprecedented step of banning the app because of the risks posed by its data collection practices and Chinese ownership.

On Monday, however, U.S. District Judge Carl Nichols in Washington concluded that President Trump had overstepped his authority in using his emergency economic powers to try to put the wildly popular app out of business.

Nichols wrote that the government "likely exceeded IEEPA's [the International Emergency Economic Powers Act] express limitations as part of an agency action that was arbitrary and capricious." Nichols is a Trump appointee and the second federal judge to rule against the president's ban.

Should the order have gone into effect, Apple and Google could have been forced to remove TikTok from their respective app stores, and users who already have the app installed would no longer receive updates. However, in October, a federal judge granted TikTok a preliminary injunction that temporarily halted the banning order while TikTok owner ByteDance sought a way to divest the app's U.S. operations to an American-based company.

ByteDance's deadline to divest itself of the social media app TikTok elapsed on Monday, but talks are set to continue with the U.S. government about a sale without another deadline extension. ByteDance has reached a proposed deal with Oracle and Walmart that would divest it of the social media app and create a new U.S.-based company called TikTok Global.

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Article Link: Second Federal Judge Rules Against Trump Order to Ban TikTok

 

[farewelwilliams]

maybe Trump is tired of winning so much.

 

[rp2011]

Good! Checks and balances. Congress needs to make sure a petty moron like Trump can never again abuse his authority like he has. He was impeached and voted out, but that he still wielded and abused his Presidential authority for asinine childish tantrums is mind boggling.

 

[imlovinit]

Good! Checks and balances. Congress needs to make sure a petty moron like Trump can never again abuse his authority like he has. He was impeached and voted out, but that he still wielded and abused his Presidential authority for asinine childish tantrums is mind boggling.

Unfortunately, his spineless groupies are still controlling Congress.

 

[racer1441]

Makes sense. You do have a constitutional right to give your personal information to a disgusting communist government. There isn’t a protection against being a shill or pawn for scum.

 

[GadgetBen]

Good. I'm glad that common sense prevails and the law does not give in to the demands of an egotistical maniac.

 

[racer1441]

Good! Checks and balances. Congress needs to make sure a petty moron like Trump can never again abuse his authority like he has. He was impeached and voted out, but that he still wielded and abused his Presidential authority for asinine childish tantrums is mind boggling.

Yeah, all those illegal issues like bombing American Citizens around the world, oops, that was Obama. And spying on Americans and violating their rights, oops, that was Bush. Or forcing Americans to buy health care or pay a fee, ooops, that was that crap bag McCain. Or screwing a intern and lying about it, oops, that was Clinton. Or being the head of the CIA, oops, that was Bush 1. Or saying we need to get black people in line to vote how we want them to, oops, that was Johnson.
Yep, things have been so bad for four years.

 

[Six0Four]

This trump can't catch a break 🤣

 

[rp2011]

Unfortunately, his spineless groupies are still controlling Congress.

Then there is his looney cult

 

[Krizoitz]

Yeah, all those illegal issues like bombing American Citizens around the world, oops, that was Obama. And spying on Americans and violating their rights, oops, that was Bush. Or forcing Americans to buy health care or pay a fee, ooops, that was that crap bag McCain. Or screwing a intern and lying about it, oops, that was Clinton. Or being the head of the CIA, oops, that was Bush 1. Or saying we need to get black people in line to vote how we want them to, oops, that was Johnson.
Yep, things have been so bad for four years.

What's The Problem With Whataboutism?

Attention world: Your favorite comeback sucks.

www.dictionary.com

🙄

 

[-DMN-]

It's quite fascinating to see those in the chat celebrate a Chinese Communist Party (CCP) backed application. A country that bans, YouTube, Facebook, Instagram, Twitter, Snapchat, Gmail, Google Play,.....TaKeS DeEp BrEaTh...CNN, New York Times, BBC, Wall Street Journal, TIME...LIST GOES ON FOR AN ETERNITY. Yet declares Trumps the FACIST. lollolololololololol

 

[-DMN-]

Good. I'm glad that common sense prevails and the law does not give in to the demands of an egotistical maniac.

You agree that a Communist Chinese government should SPY on American citizens via TikTok?

 

[Nordichund]

You agree that a Communist Chinese government should SPY on American citizens via TikTok?

LOL! just ask Edward Snowdon what kind of information a democratically elected US government and other democratically elected western governments collect on their own citizens. Yes the punishment is more extreme in China and you will most likely be censured, but if you post something radical in the west you do come to the attention of the authorities. Whether that is a good or a bad thing depends on what you yourself believe is right or wrong.

I always assume that whatever I post on the net is going to be monitored. But I will say this, the Chinese are clever, unlike the west which plans short term, say the next 4-10 years, to appease and win support from their voters, the Chinese plan for the next 100 years.

The irony is that when Trump said let's MAGA, what he really should have said is 'Let's Make China Great Again' because that is what is happening and what has been excelled during the last 4 years.

Anyway I'm lucky, I've been to both the US and China, I have some good American and Chinese friends, I can see both sides for and against and respect both cultures. We are all just people at the end of the day.

 

[mdridwan47]

Good! Checks and balances. Congress needs to make sure a petty moron like Trump can never again abuse his authority like he has. He was impeached and voted out, but that he still wielded and abused his Presidential authority for asinine childish tantrums is mind boggling.

Didn't Congress unanimously voted against Tiktok not too long ago?

U.S. Senate votes to ban TikTok app on government devices

U.S. Senate votes to ban TikTok app on government devices

The U.S. Senate on Thursday unanimously voted to approve a bill banning federal employees from using video-sharing app TikTok on government-issued devices, amid threats from the White House to ban the company.

www.reuters.com

House votes to ban TikTok on federal devices

House votes to ban TikTok on federal devices

National security concerns about TikTok, owned by Chinese tech giant ByteDance, have picked up steam amid fears that U.S. users’ personal information could fall into the hands of government officials in Beijing.

www.politico.com

 

[GeoStructural]

If Trump’s reasoning here was applied to all other apps then Facebook, Google, Amazon and pretty much all web apps would be banned.

 

[ruka.snow]

It's quite fascinating to see those in the chat celebrate a Chinese Communist Party (CCP) backed application. A country that bans, YouTube, Facebook, Instagram, Twitter, Snapchat, Gmail, Google Play,.....TaKeS DeEp BrEaTh...CNN, New York Times, BBC, Wall Street Journal, TIME...LIST GOES ON FOR AN ETERNITY. Yet declares Trumps the FACIST. lollolololololololol

Acting like the 'enemy' doesn't make you better than the enemy. If you want your county to be a free and developed nation, then you need to fight for it and set that example. Would you propose it is ok to send a group of people to happy fun camps because the other guys are doing it and you are so much better than them so it is ok if you do it?

 

[ouimetnick]

He only decided it was a national security threat after a bunch of teenagers reserved tickets to a rally of his and never showed up. Bill Maher said it best, he’s a whiny little b*tch. If it’s actually a national security issue and real sensitive data is being harvested by China, PRESENT the evidence to the courts and to the American people. Otherwise this is what happens.

 

[gnipgnop]

Didn't Congress unanimously voted against Tiktok not too long ago?

U.S. Senate votes to ban TikTok app on government devices

U.S. Senate votes to ban TikTok app on government devices

The U.S. Senate on Thursday unanimously voted to approve a bill banning federal employees from using video-sharing app TikTok on government-issued devices, amid threats from the White House to ban the company.

www.reuters.com

House votes to ban TikTok on federal devices

House votes to ban TikTok on federal devices

National security concerns about TikTok, owned by Chinese tech giant ByteDance, have picked up steam amid fears that U.S. users’ personal information could fall into the hands of government officials in Beijing.

www.politico.com

Note that your two links say "government devices" and "federal devices". That's the appropriate limitation for a ban that supposedly involves national security concerns. There's no national security issues involved with consumers using TikTok, only potential personal privacy issues.

 

[BaltimoreMediaBlog]

Activist judges need to stay out of politics when the safety of the country is at stake. The Communist Party of China has no Constitutional rights in America so neither does Tiktok. Why would a judge protect them? This has got to be an Obama judge who probably also thought it was fine to have reporters & citizens phones tapped and emails read by the government. Just like with COVID, do what I say, not what I do because I am better and more enlightened than you and know better.

 

[gnasher729]

Interestingly, the judge ruling against Donald Trump was one appointed by Trump. Now it doesn't come as a surprise to me that a judge would rule based on the merits on the case, and not based on who appointed him, but in discussions on the internet I have found some people are entirely convinced that the Supreme Court, with the majority of judges being republican, would rule for Donald Trump in his baseless complaints about election results.

Amazingly, a post that just appeared while I was typing complains about "activist judges" saying "this has got to be an Obama judge". Trump appointed judge is an "Obama judge".

 

[mdatwood]

It's quite fascinating to see those in the chat celebrate a Chinese Communist Party (CCP) backed application. A country that bans, YouTube, Facebook, Instagram, Twitter, Snapchat, Gmail, Google Play,.....TaKeS DeEp BrEaTh...CNN, New York Times, BBC, Wall Street Journal, TIME...LIST GOES ON FOR AN ETERNITY. Yet declares Trumps the FACIST. lollolololololololol

I support the rule of law. Trump didn't care about TikTok until he thought they screwed up his rally. It's the same reason he keeps trying to go after Twitter by shoe-horning in 230 repeals in bills where it makes no sense. If instead of acting like a child the first time someone took his blankie away, he went to congress to work on data protection laws, my opinion would be very different.

Singling out TikTok because they hurt his feelings is not only wrong, but as multiple judges said, illegal.

 

[-DMN-]

Acting like the 'enemy' doesn't make you better than the enemy. If you want your county to be a free and developed nation, then you need to fight for it and set that example. Would you propose it is ok to send a group of people to happy fun camps because the other guys are doing it and you are so much better than them so it is ok if you do it?

Banning spying on American citizens via TikTok is putting the welfare of this country first. A foreign entity is spying on men, women, and children. You don't bring a knife to gun fight. You bring a 100 round drum.

 

[masterhiggins]

I support the rule of law. Trump didn't care about TikTok until he thought they screwed up his rally. It's the same reason he keeps trying to go after Twitter by shoe-horning in 230 repeals in bills where it makes no sense. If instead of acting like a child the first time someone took his blankie away, he went to congress to work on data protection laws, my opinion would be very different.

Singling out TikTok because they hurt his feelings is not only wrong, but as multiple judges said, illegal.

In what way does 230 reform not make sense? It’s literally a platform acting as a publisher which is the entire point of 230.

 

[ruka.snow]

Banning spying on American citizens via TikTok is putting the welfare of this country first. A foreign entity is spying on men, women, and children. You don't bring a knife to gun fight. You bring a 100 round drum.

Start with Facebook... they've actually been caught wrong doing. TikTok was just used to embarrass an overgrown toddler that spat his dummy.

 

[mdatwood]

In what way does 230 reform not make sense? It’s literally a platform acting as a publisher which is the entire point of 230.

Then let's talk about reform. Shoe horning in a full repeal (which would shut down most of the internet overnight) b/c because he's mad he can't lie without consequence is yet another immature action.

I also disagree in this case that Twitter is acting as a publisher. They are not changing the content, but finding ways to leave it up, even when it is objectively verified to be false. 230 gives platforms broad discretion to what they consider offensive, also a good thing IMO.