According to a report from NPR, the platform’s lawsuit will claim that the executive order is unconstitutional
Taking effect 45 days after its announcement, the order bans US transactions with ByteDance, the Chinese company that owns TikTok, which means companies including Apple and Google won’t be able to host the video sharing app.
BREAKING: President Trump just issued an executive order "on Addressing the Threat Posed by TikTok." It takes effect in 45 days, prohibits "any transaction" with ByteDance, the Chinese company that owns TikTok, and will almost certainly face legal challenges. pic.twitter.com/Ma9XOfYgOB— Hunter Walker (@hunterw) August 7, 2020
TikTok, however, plans to fight the ban in court, according to a report from NPR. Citing a source directly involved in the app’s apparently-forthcoming federal lawsuit against the Trump administration, the report states that it could be filed as soon as Tuesday in the U.S. District Court for the Southern District of California.
The source adds that the lawsuit will argue that Trump’s ban is unconstitutional because it gave the company no chance to respond, echoing a previous statement from TikTok that claimed the order “was issued without any due process”.
“For nearly a year,” TikTok adds in the August 7 statement, “we have sought to engage with the US government in good faith to provide a constructive solution to the concerns that have been expressed. What we encountered instead was that the Administration paid no attention to facts, dictated terms of an agreement without going through standard legal processes, and tried to insert itself into negotiations between private businesses.”
The lawsuit will also reportedly argue that there is no legitimate reason behind the administration's justification for the order. “It's based on pure speculation and conjecture,” the source tells NPR. “The order has no findings of fact, just reiterates rhetoric about China that has been kicking around.”
Despite Trump’s previous backing of the TikTok ban as a potential retaliation against China for its handling of the coronavirus pandemic, the official party line is that the ban revolves around national security issues: namely, the alleged use of the app by its China-based owners to mine personal data from Americans (allegations that ByteDance has consistently denied).
The Chinese messaging app WeChat has also been included in the US order, while TikTok and other Chinese platforms have already been banned in India. Lawmakers in Japan and Australia are considering similar measures.
Revisit some of TikTok’s finest moments – including its use as an unrivalled political platform and a place to troll Trump – in Dazed’s list of everything we’ll miss about the platform if the ban goes ahead as planned.