TikTok has announced that they have filed a complaint in the federal court in the USA against the Trump Administration.
The news comes after President Trump signed an Executive Order against the company, which TikTok alleges deprived it of due process.
Further, as we note in our complaint, not only does the Executive Order ignore due process, it also authorizes the prohibition of activities that have not been found to be “an unusual and extraordinary threat,” as required by the International Emergency Economic Powers Act (IEEPA), under which the Administration is purportedly acting:
“By banning TikTok with no notice or opportunity to be heard (whether before or after the fact), the executive order violates the due process protections of the Fifth Amendment.
“The order is ultra vires because it is not based on a bona fide national emergency and authorizes the prohibition of activities that have not been found to pose ‘an unusual and extraordinary threat.'”
Background of the Executive Order
The Executive Order signed by President Trump in August 2020 aimed to address concerns over national security. The administration argued that TikTok, owned by the Chinese company ByteDance, could potentially share user data with the Chinese government. This concern was part of a broader scrutiny of Chinese technology companies operating in the United States. The order mandated that ByteDance divest its TikTok operations in the U.S. within 90 days or face a ban.
However, TikTok has consistently denied these allegations, stating that it stores all U.S. user data in the United States with backup redundancy in Singapore. The company has also emphasized its commitment to user privacy and security, arguing that the Executive Order was based on unfounded claims and political motivations rather than actual evidence.
Legal Arguments and Implications
TikTok’s lawsuit against the Trump administration is built on several legal arguments. Firstly, the company claims that the Executive Order violates the due process protections of the Fifth Amendment. Due process is a constitutional guarantee that a person will be given notice and an opportunity to be heard before being deprived of life, liberty, or property. TikTok argues that the order was issued without any prior notice or opportunity for the company to defend itself, thus violating this fundamental right.
Secondly, TikTok contends that the order is “ultra vires,” meaning beyond the powers of the President. The company argues that the International Emergency Economic Powers Act (IEEPA), under which the order was issued, requires a bona fide national emergency and a finding that the activities in question pose “an unusual and extraordinary threat.” TikTok asserts that no such findings were made, and therefore, the order exceeds the President’s authority under the IEEPA.
The implications of this lawsuit are significant. If TikTok succeeds, it could set a precedent limiting the executive branch’s power to unilaterally ban foreign-owned apps and companies without substantial evidence and due process. On the other hand, if the administration’s actions are upheld, it could pave the way for more stringent regulations and actions against other foreign technology companies operating in the U.S.
You can find out more details about the company’s lawsuit against the Trump administration over at their website at the link below.
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