TikTok said in a statement that it was pleased
with the court ruling and continues to
work to turn its deal proposal into an actual
agreement. The Commerce Department, which
is responsible for the specific orders banning
TikTok, said it will comply with the judge’s
order but intends to vigorously defend the
administration’s efforts against the app.
Judge Nichols did not explain his reasoning
publicly, and instead filed his judicial opinion
under seal. Initially both the U.S. government’s
brief in the case and the entire Sunday morning
hearing were also due to be sealed from the
public, although the court later relented.
In arguments to Judge Nichols, TikTok lawyer
John Hall said that TikTok is more than an app,
since it functions as a “modern day version of a
town square.”
“If that prohibition goes into effect at midnight,
the consequences immediately are grave,’”
Hall said. “It would be no different than the
government locking the doors to a public forum,
roping off that town square” at a time when a
free exchange of ideas is necessary heading into
a polarized election.
TikTok lawyers also argued that a ban on the
app would affect the ability of tens of thousands
of potential viewers and content creators to
express themselves every month and would also
hurt its ability to hire new talent. In addition, Hall
argued that a ban would prevent existing users
from automatically receiving security updates,
eroding national security.
Justice Department lawyer Daniel Schwei said
that Chinese companies are not purely private
and are subject to intrusive laws compelling