The case was brought before the court by three TikTok creators, who claimed that President Trump’s executive order establishing a complete ban on the application in the US violates the right to freedom of expression, stipulated in the First Amendment.
The White House claims that TikTok poses a threat to national security.
Friday’s preliminary ruling to block the ban was given by Pennsylvania District Judge Wendy Beetlestone, who wrote that the plaintiffs “demonstrated the clear possibility of irreparable damage.” She also noted that the descriptions made by the US Government regarding the threat posed by the TikTok application are formulated “hypothetically”, so it could not discover the risk presented.
The decision came after another judge blocked a ban on downloading TikTok in the United States on September 28 just hours before it took effect.
The three creators of TikTok content in the Pennsylvania case – Douglas Marland, Cosette Rinab and Alec Chambers – filed a lawsuit against President Donald Trump and US Secretary of Commerce Willbur Ross on September 18th.
TikTok is used by more than 100 million Americans and 50 million use it daily, according to documents filed in the lawsuit.
The ban would cause content creators heavy losses. Rinab said he makes clips for fashion brands and other companies and earns between $ 5,000 and $ 10,000 each, while Chambers earned $ 12,000 by promoting just one brand.
TikTok representatives said on Friday that they were “deeply impressed by the support shown by the creators.”
The Chinese company ByteDance reached a provisional agreement with Oracle and Walmart in September to move its headquarters to the United States and for the creation of TikTok Global, estimated at 60 billion dollars. The Chinese and American governments must give their consent. Trump said he was “blessing” the preliminary agreement.