TikTok Creators Win Injunction Stopping Trump Administration TikTok Ban

Contact: Mark Fefer, Marketing Communications, 206.757.8583 or markfefer@dwt.com

OCT. 30, 2020 – A federal judge in Pennsylvania has preliminarily enjoined the Trump Administration's ban on popular video app TikTok, finding that the public interest favors a nationwide injunction. The case was brought by a group of TikTok creators who argued that a ban infringed upon their First Amendment rights to free expression.

"We are pleased that the judge has halted this ban, which exceeds the President's authority under the International Emergency Economic Powers Act, namely portions of the Act that reflect our nation's deep commitment to free speech," said Ambika Kumar Doran, lead attorney for the plaintiffs.

Plaintiffs are three successful and beloved TikTok content creators. They are representative of the 100 million people in the U.S. who find community, discover new sources of information and entertainment, and express themselves on the app. Many also earn a livelihood as a result of their creative output and the global following they've built on TikTok.

The judge found that plaintiffs "have demonstrated a clear likelihood of irreparable harm" from the ban, which was scheduled to take effect November 12. She also found that "the Government's own descriptions of the national security threat posed by the TikTok app are phrased in the hypothetical" and so she could not find that "the risk presented by the Government outweighs the public interest in enjoining" the ban.

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Davis Wright Tremaine LLP is an AmLaw 100 law firm with more than 550 lawyers representing clients based throughout the United States and around the world. The firm is widely recognized for having the country's leading First Amendment litigation practice.