TikTok has requested an injunction from a federal judge in order to delay Trump’s ban. As reported by Business Insider, TikTok have challenged the legality and constitutionality of the executive order.
TikTok’s ban will take effect on September 27 which many thought could be avoided after TikTok partnered with Oracle. However, the partnership did not live up to Trump’s demands which now include total U.S. control over TikTok.
Now TikTok has changed tactics and has tried to challenge the ban outright. Instead of working around it through partial acquisitions, the company has looked to try and legally challenge the ban alongside the company’s lawsuit.
TikTok requests federal injunction to delay ban
By requesting this federal injunction TikTok has essentially found a way to try and buy themselves more time. The company has already filed a lawsuit attempting to tackle the ban outright.
If this injunction is successful it will delay Trump’s ban until further notice. This will most likely be until the decision is made over the lawsuit so gives TikTok that breathing space.
TikTok has asked for an expedited hearing on its motion so as to beat the September 27 deadline. The company has requested a decision from the Trump and the Commerce Department by Friday at 2:30 p.m. ET.
This would then give US District Court time to hold a hearing and make a decision before the deadline on Sunday, September 27.
As the ban currently stands, on September 27 downloads of TikTok will no longer be allowed. Then on November 12 the app will become completely banned to all in the U.S. unless something changes.
The first stage of the ban originally had an earlier start date but Trump gave his “blessing” to a deal meant to keep TikTok in the U.S. However, when that deal did not meet his requirements the clock began ticking again.
TikTok’s legal challenge to the executive order
Earlier in the month, TikTok’s lawyers filed a lawsuit challenging Trump’s executive order. It claims that the ban is unconstitutional, citing violations of First Amendment rights and due process.
Now it looks like TikTok is unable to reach an acquisition agreement that satisfies both Trump and hte Chinese government it has changed its tactics. A legal challenge to the executive order is a long show, however, at least this federal injunction may delay the ban for some time and allow them to assess other options.
However, it does look like time is slowly running out for TikTok. Even if the ban gets delayed, the prospect of it not coming into force at some stage does look quite unlikely now.