On August 6, 2020, President Trump took the unusual step of banning certain transactions between American citizens and the parent company of TikTok, Inc., ByteDance Ltd., on the basis that the TikTok application presented a national security threat. Eight days later, on August 14, 2020, the White House further order ByteDance to divest itself of TikTok within three months.
Now, TikTok and ByteDance have sued the Trump Administration, not to prevent the sale of the company, but solely to prevent the August 6 ban on transactions.
While the company presents many arguments, some good, some bad, and some bold, questions regarding the Court's willingness to interject its own judgment in the place of an executive abound.
But perhaps winning the case was never the point.
Tick Tock, You Don't Stop TikTok...in Virtual Legality.
#TikTok #Ban #Lawsuit
Discussed in this episode:
TikTok Inc. v Trump
Case No. 2:20-cv-7672 (August 24, 2020)
"Executive Order on Addressing the Threat Posed by TikTok"
White House EO - August 6, 2020
50 USC 1702
50 USC 1701
"Executive Order on Securing the Information and Communications Technology and Services Supply Chain"
White House EO - May 15, 2019
"Order Regarding the Acquisition of Musical.ly by ByteDance Ltd"
White House EO - August 14, 2020
"The Committee on Foreign Investment in the United States (CFIUS)"
US Department of the Treasury Website
"Michigan Court of Appeals rules Gov. Whitmer has authority to use emergency pandemic powers"
Click on Detroit Website - August 21, 2020
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
PODCAST VERSIONS ALSO AVAILABLE
|7:56||TikTok v Trump (Overview)|
|11:15||Tiktok's Legal Claims (Overview)|
|18:25||Tiktok's Factual Background|
|37:15||Due Process Clause Claim|
|39:13||There is No National Emergency|
|42:02||ByteDance Wasn't Implicated|
|43:42||EO Covers Exempt Materials|
|45:14||IEEPA itself Is Unconstitutional|
|47:34||Takings Clause Claim|
|48:38||Code as Free Speech|
The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.