TikTok confirms it will sue the US government, alleging Trump failed to provide ‘due process’ before issuing ban

  • TikTok confirmed Saturday that the company planned to sue the US government over President Donald Trump’s executive orders targeting the popular app.
  • A company spokesperson said TikTok experienced “a lack of due process as the administration paid no attention to facts and tried to insert itself into negotiations between private businesses.”
  • TikTok, which has surged in popularity over the past year, was known as Musical.ly until it was purchased by the Chinese company ByteDance in 2017 and renamed.
  • The president on August 6 and August 14 signed executive orders targeting TikTok.

TikTok on Saturday announced it plans to sue the US government over President Donald Trump’s executive orders pertaining to its ownership, arguing the company was deprived of its due process rights.

The president, who began targeting TikTok in July, issued an executive order August 6 making it illegal for American companies to do business with TikTok, giving ByteDance until September 15 to sell it. On August 14, Trump issued another executive order giving the company 90 days to divest its US assets and data the company had gathered in the US. 

“Even though we strongly disagree with the administration’s concerns, for nearly a year we have sought to engage in good faith to provide a constructive solution,” a TikTok spokesman told Business Insider and other media outlets in a statement. “What we encountered instead was a lack of due process as the administration paid no attention to facts and tried to insert itself into negotiations between private businesses.”

Companies like Microsoft and Oracle have reportedly expressed interest in purchasing TikTok from ByteDance. TikTok, which has skyrocketed in popularity over the past year, was known previously as Musical.ly until it was purchased by its current owners in 2017 and then renamed TikTok. 

“To ensure that the rule of law is not discarded and that our company and users are treated fairly, we have no choice but to challenge the Executive Order through the judicial system,” the company said.

Trump, along with other lawmakers, has expressed concerns that TikTok and ByteDance were allowing the Chinese government to use the platform to spy on Americans, posing a risk to US national security. The company has repeatedly denied these accusations.

TikTok plans to file suit next week specifically in regard to Trump’s August 6 order, arguing that the president’s usage of the International Emergency Economic Powers Act deprived the company of due process. It also intends to challenge its classification as a threat to national security. 

According to the report, the lawsuit would not prevent the company from being forced to sell the app, because Trump’s August 14 order is not subject to judicial review, it’s unclear in what court the company will file its lawsuit.