A new development is now seen on the case of TikTok ban in America. Another federal judge has ruled out that the US ban against the Chinese app should not happen, due to many technicalities.
TikTok has until Nov. 12, before the official federal ruling is announced. Will this extend the life of TikTok in America?
What happens to TikTok ban
On Nov. 12, the TikTok ban in the US will officially take effect. This is in connection with US President Donald Trump’s decision to file a nationwide ban versus app.
Over the issues of national security, the US government claims Bytedance– developer of TikTok app– shares their users data with the Chinese Communist Party (CCP).
Therefore, this allegedly poses danger to each US citizen, that will download or use the app.
When the allegations spur, the TikTok team immediately gathered their lawyers to contradict all claims of the government.
Even users of the app filed cases against federal government, to stop the banning.
If you’re still using TikTok now while in America, better say thanks to these two particular federal judges.
Why TikTok ban is still not in effect
When a President issues an executive order, the judicial committee has the right to create a trial about the decision.
This shows whether the executive serves a defined case in implementing the said ruling.
Once the judicial finds the decision unnecessary, it could be used to prevent the initial decision.
That is what’s happening with the TikTok ban.
Since the ByteDance company wants to revert the executive order, few federal judges need to trial it.
So far, the US government is not winning the trial. Thanks to these two judges.
Who is Judge Carl Nichols?
The first judge to ever trial the TikTok ban is Judge Carl Nichols, a district judge for the District of Columbia.
His decision to halt the original September ban of Tiktok in the US had been one of the most talked about issue in the country.
After all, the President himself, specifically claims CCP’s connection with TikTok.
On Sept.27, the day TikTok should be originally banned, was also the day wherein Nichols halted the decision.
The opinion of Nichols to halt the ban was not publicly released. Therefore, no one really knows why he did it.
However, some reports noted that he believed TikTok doesn’t fall in extreme national danger, since it categorizes under “information services” and “personal communication.”
Who is Judge Wendy Beetlestone?
On Nov. 30, U.S. District Judge Wendy Beetlestone from Pennsylvania, announced her decision to halt the banning.
Unlike Nichols though, she was persuaded by three TikTok creators– Douglas Marland, Cosette Rinab, and Alec Chambers.
All of them claims that banning off the app would only result to unemployment for most creators.
Report says creators received between $5,000 and $10,000 per sponsored video, posted on the platform.
The judge, therefore, ruled out President Trump overstepped his authority by invoking the International Emergency Economic Powers Act to impose sanctions against TikTok.
She also believed that the US has not given sufficient evidence to prove the app’s national danger.