Partnering with lawyers at Davis Wright Tremaine, shareholders Bonnie Hoffman and Jason Levine helped to successfully enjoin the Trump Administration’s ban on the popular video app, TikTok, on behalf of a group of TikTok creators who argued that the ban infringed upon their constitutional rights and exceeded the President’s authority.
On August 6, President Trump issued an Executive Order that effectively would have banned the TikTok app in the United States on November 12. The plaintiffs are successful TikTok content creators with millions of followers, who use the app to earn a living, communicate with others and express themselves. Bonnie and Jason, together with the Davis Wright Tremaine team, argued that the ban denies the plaintiffs their First Amendment right to free expression, deprives them of protected property and liberty interests under the Fifth Amendment, and exceeds the President’s authority under the International Emergency Economic Powers Act (“IEEPA”).
On October 30, U.S. District Court Judge Wendy Beetlestone preliminarily enjoined the Trump Administration’s ban, finding that the plaintiffs are likely to succeed in showing that the regulations promulgated by the U.S. Department of Commerce to implement the Executive Order violate a provision in IEEPA that bars the President from regulating the import of informational materials. Judge Beetlestone further found that the plaintiffs demonstrated a clear likelihood of irreparable harm and that a nationwide injunction was the only way to protect the plaintiffs from the President’s IEEPA violation. The Trump Administration has appealed this decision, and Bonnie, Jason and the team continue to represent the plaintiffs before the U.S. Court of Appeals for the Third Circuit.
