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Society & Culture
Virtual Legality Episode 298

TikTok Sues Trump: Do They Have Any Chance of Success?

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160 160 views
11m Aug 26, 2020
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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)
https://cdn.vox-cdn.com/uploads/chorus_asset/file/21812645/document__1_.pdf

"Executive Order on Addressing the Threat Posed by TikTok"
White House EO - August 6, 2020
https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/

"Presidential authorities"
50 USC 1702
https://www.law.cornell.edu/uscode/text/50/1702

50 USC 1701
https://www.law.cornell.edu/uscode/text/50/1701

"Executive Order on Securing the Information and Communications Technology and Services Supply Chain"
White House EO - May 15, 2019
https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/

"Order Regarding the Acquisition of Musical.ly by ByteDance Ltd"
White House EO - August 14, 2020
https://www.whitehouse.gov/presidential-actions/order-regarding-acquisition-musical-ly-bytedance-ltd/

"The Committee on Foreign Investment in the United States (CFIUS)"
US Department of the Treasury Website
https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius

"Michigan Court of Appeals rules Gov. Whitmer has authority to use emergency pandemic powers"
Click on Detroit Website - August 21, 2020
https://www.clickondetroit.com/news/local/2020/08/21/michigan-court-of-appeals-rules-gov-whitmer-has-authority-to-use-emergency-pandemic-powers/


"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:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
00:00 Introduction
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
50:38 Conclusion

About Hoeg Law

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.


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