back to article TikTok seeks injunction to halt Trump ban, claims it would break America's own First and Fifth Amendments

TikTok has asked the courts for a preliminary injunction that would prevent the the Trump administration from banning the video-sharing app in America this weekend. In its filing [PDF] on Wednesday, Tiktok said it had “made extraordinary efforts to try to satisfy the government’s ever-shifting demands and purported national …

  1. Snake Silver badge

    Sue

    The only thing the GOP understands is MONEY. Make them spend it in court.

    1. Anonymous Coward
      Anonymous Coward

      Re: Sue

      The problem with that is that it will ultimately be We The People that end up paying for all the legal wrangling, either by having our tax dollars siphoned off, by paying higher prices for Chinese made products, or both.

      The politicians don't give two shakes of a OHSG temper tantrum what damage it does to the rest of the nation as long as it at least tries to make their glorious leader think he's on top. He is, he's at the very top, of an epic pile of shit of his own making. He's certainly MAGA - we're number one... in the world death toll of C19 victims & daily new cases. Way to go Trump, way to make the place the shittiest "first world" nation on Earth!

      1. Anonymous Coward
        Anonymous Coward

        Re: it will ultimately be We The People that end up paying

        You voted him in, you have to clean up his mess.

        Don't like it? Change the system.

        1. mego

          Re: it will ultimately be We The People that end up paying

          It's less that people voted FOR him as people didn't want to vote for the alternative. The bats--t insanity that is the left right now, is unfortunately so far afield that Trump was a desirable candidate in the first place.

          Like seriously, I don't see the left having a chance at the next election if they don't get their spokespeople under control. Yes, yes, you can show me all the poll data you like - it proves nothing since those are largely democrat voters being polled. I'm sure the democrats will all agree their guy will win

          1. Blank Reg

            Re: it will ultimately be We The People that end up paying

            And what some americans refer to as batshit leftist policies to the rest of the world just looks like center right politics at most

            You only have a right wing party and crazy nutcase right wing party. When you're that far right every one else seems left.

            1. Snake Silver badge

              Re: it will ultimately be We The People that end up paying

              "And what some americans refer to as batshit leftist policies to the rest of the world just looks like center right politics at most"

              100% EXACTLY!!!! All we hear from right-leaning individuals is how "batshiate crazy the left is" but yet they NEVER look themselves in the mirror! America's "left" looks absolutely SANE compared to the utterly inbred right wing, who have turned so myopic that their "fundamentalists" rile against a black president who has been devotedly married for 23+ years, a loving child and not a SINGLE questionable moral action in his skill set. Versus praying to god to thank for a twice-divorced, 3-time bankrupt, female groping, forked tongue devil...who just happens to be their style, read Rich and White.

              They have SOME NERVE bringing that slutty belief of "crazy left wing!" into just about any discussion before they throw stones at their own glass house.

              1. mego

                Re: it will ultimately be We The People that end up paying

                "rile against a black president who has been devotedly married for 23+ years, a loving child and not a SINGLE questionable moral action in his skill set".

                Putting aside the questionable moral aspect - and I assure you, it is questionable at best - all of that is noise. When we speak of Obama, we speak of a president who:

                1) Committed constitutional violations. A lot of resources on this but you can start here: https://www.cato.org/publications/commentary/top-10-ways-obama-violated-constitution-during-presidency

                2) Bribed Iran to halt nuclear development with an UNapproved cash payment - and ignored our allies when they repeatedly reported that Iran was not following the terms of this agreement. In effect he funded terrorism directly with American taxpayer money.

                3) Allowed immigrants in the U.S. illegally

                4) Refused to prosecute violation of drug laws

                5) Illegally refused to act on Yucca Mountain’s application to become a nuclear waste repository

                6) Refusing to enforce parts of congressional-enacted statutes

                7) Falsely portrayed the Benghazi terrorist attack as a spontaneous protest against an anti-Muslim YouTube video,10and then lied about the White House’s involvement

                8) Continued to give Egypt aid after the military took over its government, even though federal law prohibits aid to Egypt in the event of a coup

                9) Illegally granted businesses a waiver from Obamacare’s employer mandate

                10) Illegally required people to violate their faith via the Obamacare contraception mandate.

                11) Madeillegal “recess” appointments to the Consumer Financial Protection Bureau

                12) Appointed czars to oversee federal policy specifically because czars do not require Senate confirmation

                13) Illegally targeted conservative groups for heightened IRS scrutiny

                14) Got secret permission from the FISA Court to reverse restrictions on the National Security Agency’suse of intercepted phone calls and emails

                15) Secretly obtained phone recordsfrom staff at the Associated Press

                16) Had meetings with lobbyists in coffee shops near White House to avoid disclosure requirements

                17) Illegally sold thousands of guns to criminals,and then refused to comply with congressional subpoenas about the operation.

                I mean, I can go on here. Most of those items taken individually would be significantly immoral, let alone against constitutional law.

                No idea if El Reg will allow this to stand since these factoids could be offensive.

                1. Snake Silver badge

                  Re: it will ultimately be We The People that end up paying

                  Yes, let's talk about Obama's "violations"

                  And conveniently ignore Trump's, who not only has done twice the level AT LEAST, but also has self-admitted, pled-guilty, civvie convicted criminal sidekicks who he violates policy to [privately] pardon; violates the Constitution with presidential edicts that the courts have proclaimed unconstitutional; violates the emoilients clause and then [illegally] tries to hide his tax returns, violating due process and the courts in an effort to skirt the law; and so much more...

                  and he continues to violate the laws of the United States of America as we speak.

                  Also you two faced hypocrits ever bring up is fantasy "crimes" that, in the case of Hilary, TEN investigations have dismissed, 3 of them run by the Republicans themselves.

                  But keep crying wolf. Your [other] stupid followers are the only people believing you while you goose step into the sunset.

                  1. mego

                    Re: it will ultimately be We The People that end up paying

                    You're funny. Do you really think you know something that the democrats - who get erections just thinking about getting Trump kicked out of office - do not? Because, they've spent four years investigating the man trying to find some way to either impeach or compel legal intervention. All attempts have met with failure and Trump is still the president (and most likely to win thanks to the bats--t insanity on the left).

                    But if you know something they don't please go ahead and contact them, you'll be their best friend.

                    And I'll come back here after the elections. If Trump loses, hey I'll eat humble pie and say congratulations right here in this thread. If he wins, will you eat humble pie and admit that something just ain't right in what the media are trying to force into your head?

                2. Blank Reg

                  Re: it will ultimately be We The People that end up paying

                  I stopped reading at point 2 since the rest are probably lies as well. That money BELONGED TO IRAN. The US government had been holding it hostage and finally let them have it back.

                  1. mego

                    Re: it will ultimately be We The People that end up paying

                    Nope. What you're referring to is a different item altogether. I'm not referring to that at all, though the circumstances there alone are problematic, such as CASH being used to pay 400 million dollars. I'm referring to this: https://www.armscontrol.org/act/2013-12/iran-p51-sign-nuclear-agreement; which Obama pledged quite a couple more billion to under executive order - i.e. not sanctioned by congress. It is one of many problems with Obama's presidency that repeatedly bit America and we are still dealing with fallout resulting from it.

                    As a side note, Iran is a recognized terrorist state. Any money given to them is going directly to fund terrorism; and that terrorism is usually directed at America and allies of America.

                    Second, everything I've stated is referenced by history. If you think history, criminal reports, and actual things that happened are lies, then... I don't know what to say.

        2. Old Used Programmer

          Re: it will ultimately be We The People that end up paying

          I didn't vote for Trump. I voted for Clinton. I knew what Trump was like long before he ran. It's not that I was all that much in favor of Clinton, but she was clearly the better, and far saner, choice. Likewise, I'm no fan of Biden, but Trump has got to go, so Biden will get my vote this year.

          The Republican tendency to nominate nut cases is most likely a big part of why California now has a "jungle primary" for every office except President. It's also why quite a number of races wind up with two Democrats pitted against each other in the general election.

          1. Snake Silver badge

            Re: Tendencies

            I've said it before (look it up in my profile) that they're always proud to display their crazy. Why is that? Because it appeals to the base instincts of low intelligence voters - appeal to their emotions (anarchist cities!!) rather than their brains.

    2. cray74

      Re: Sue

      The only thing the GOP understands is MONEY.

      I'm not sure that's true given that long-term GOP politicians are addicted to voodoo economics: cut taxes, raise spending, wait for an economic miracle to avoid debt increase, and blame the Democrats for the debt when the miracle doesn't arrive. Rinse and repeat for the last 40 years.

      The GOP's slur toward Democrats that they "tax and spend, tax and spend" sounds sensible in comparison.

      1. Snake Silver badge

        Re: Tax and spend

        But I no longer give th Democratic party any sympathy, as they never have the backbone to answer the use of hateful language against them with any real zest. Called "tax and spend" literals yet it's the GOP who has raised the debt the most over 40 years? And no vehement replies??

        You're a bunch of spineless wimps. I'm growing sick of you representing my side of the argument when you never stand up and argue at all.

      2. VicMortimer Silver badge
        Mushroom

        Re: Sue

        They don't care about government money.

        They only care about what goes in their pocket.

  2. Schultz
    Angel

    Due process and equality before the law

    You might ask: "which law?" and "what process?". And that, I guess, is the correct answer.

    1. Anonymous Coward
      Anonymous Coward

      Re: Due process and equality before the law

      As mentioned in another article the Chinese will have a perfectly legit & *legal* excuse to return the favor by doing exactly the same bullshit to any American company operating in China.

      How well do you think a corp like Apple would accept having their assets seized, their IP stolen, & the business essentially nationalized out from under them?

      And China's global reply to the world to do exactly the same thing to all American corps operating in those countries.

      How well do you think Trump's legacy will be remembered if he winds up being the cause of American business' overseas all being stripped, assets forfeit, IP swiped, & their supposedly good names turned into shit?

      1. TheIO

        Re: Due process and equality before the law

        So no change there then.

  3. fpx
    Black Helicopters

    All Data Belongs To Us

    The US is concerned that China might use data collected by Tik Tok to spy on and influence americans. The same can be said against US data aggregators. The US essentially does not want any other contries to have the same abilities that they have.

    If TikTok is a threat to US national security, then Facebook, Google etc. are a threat to global security, using the same arguments.

    1. Christoph

      Re: All Data Belongs To Us

      They're not worried that Tik Tok has code that lets the Chinese spy on people. The problem is that it doesn't have code that lets the US spy on people.

    2. VicMortimer Silver badge
      FAIL

      Re: All Data Belongs To Us

      Bullcrap.

      This isn't about the US. This is about Donnie. It's purely personal.

      This is about trying to destroy a platform where kids regularly post videos insulting the cheeto-faced, tiny-fingered, ferret-wearing shitgibbon.

      1. John Brown (no body) Silver badge

        Re: All Data Belongs To Us

        "This is about trying to destroy a platform where kids regularly post videos insulting the cheeto-faced, tiny-fingered, ferret-wearing shitgibbon."

        Damn! Are you trying to get The Reg banned in the US?

    3. Anonymous Coward
      Flame

      Re: All Your Data Are Belong To Us

      It has nothing to do with national security or the NSA. It's all about the orange one, specifically his June rally in Tulsa when, thanks to TikTok users, Trump announced that he had a million ticket requests but the arena ended up almost empty. Pompeo started talking up the ban two weeks later. A detailed analysis can be found at:

      https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-the-real-reason-why-trump-wants-to-ban-tiktok/#780c7f2a4aed

      If you think this is a petty way to run a country, you'd be right (and probably not surprised).

      P.S. I corrected the title to correspond to the meme. Someone set up us the bomb.

  4. Rich 2 Silver badge

    Oh the irony

    Let me just say I think Trump is a nob and should be thrown into the middle of the Atlantic. And I have no particular axe to grind against TikTok.

    However, I do fine it amusing that a company based in a brutal and heinous dictatorship are using “free speech” law of another country to try and get their way. Oh the irony.

    1. Anonymous Coward
      Anonymous Coward

      Re: Oh the irony

      Hey we don't want him washing up on this side of the pond, try the pacific instead.

      1. james 68

        Re: Oh the irony

        Nope, not the pacific. Neither the Japanese nor I want him washing up here on the shores of Japan. Amusing as the thought of him being chewed up and shat out by Godzilla might be, would anyone really be able to tell the difference? A huge pile of steaming shite is a huge pile of steaming shite however you choose to look at it.

        1. J. Cook Silver badge
          Joke

          Re: Oh the irony

          Better Let- Have him usher his his Glorious Space Force by being the first one to land on the sun.

      2. Blank Reg

        Re: Oh the irony

        A nice pair of concrete boots will prevent that

    2. and I

      Re: Oh the irony

      Confused, which county is which in your statement??

  5. PhilipN Silver badge

    The obvious questions never get answers

    Countless billions spent and still being spent on Homeland Security, CIA, NSA and all the other acronymic bastions of a free (snort! snigger!) society,

    Yet there is a national security issue with social media apps d/led by millions of people????

    1. Anonymous Coward
      Anonymous Coward

      Re: The obvious questions never get answers

      I read recently on just how many people are employed by, and how much is spent on, the intelligence-industrial complex in the USA. The scale of the interconnected web of government agencies and private contractors is truly astounding. Its effectiveness - not so much. Clearly it needs to be bigger and have bigger budgets - or at least that's what its lobbyists will say

  6. Doctor Syntax Silver badge

    Just sell them all the rights to TikTok in the US. Then just launch a new product called, say TickTock. Who remembers "The Empty Store" (Phil Silvers)?

    1. Danny 2

      Repent, Harlequin! Said the Tiktok man

      Repent, Harlequin!' Said the Ticktock man

      "Get stuffed!" the Harlequin replied, sneering.

      "You've been late a total of sixty-three years, five months, three weeks, two days, twelve hours, forty-one minutes, fifty-nine seconds, point oh three six one one one microseconds. You've used up everything you can, and more. I'm going to turn you off."

      "Scare someone else. I'd rather be dead than live in a dumb world with a bogey man like you."

      1. Steve K

        Re: Repent, Harlequin! Said the Tiktok man

        Curses!!

        I came here to say “Repent Ellison, said the TikTok man”, and you beat me to the reference...

  7. mark l 2 Silver badge

    Well hopefully for TikTok if they can get an injunction to stop the ban then perhaps they can drag it out in court for a few months to see what the outcome of the election is. Although from stories I read on other site, it appears Trump isn't going admit defeat even if he does loose the election.

    Although I haven't heard what Joe Biden and the Democrats will do in regards to Wechat and Tiktok should they win the election?

    1. Anonymous Coward
      Anonymous Coward

      The great thing here is that when Drumpf loses, it won't matter if he wants to leave or not.

      On January 20 at noon he won't be the president any more. His term expires, he's out.

      Even if he managed to stop the election (which he can't) the term still expires. Even if the election results aren't in yet (they will be, Biden will win) the term still expires. But even if that happened, he still won't be president on January 20 at noon. If Biden doesn't take office on January 20, Nancy Pelosi does. She becomes the caretaker president until the election is completed.

      And if Donnie refuses to leave the White House, he gets arrested for trespassing.

      1. Anonymous Coward
        Anonymous Coward

        And if he is ahead by the evening news and announces it, and republican run states stop counting and the republican run supreme courts block counting mail-in ballots and the electoral college delivers a 'victory' with 40% of the vote ?

      2. DS999 Silver badge

        Not so fast

        There was an article in The Atlantic yesterday that detailed his plan. He wants to use lawsuits and everything else he can to throw sand in the gears of the counting of absentee ballots. He wants to delay, delay, delay that process in the swing states until the mid December deadline for naming the electors representing the state in the electoral college. He's hoping the state legislatures (which are republican in most of the swing states) will claim that due to the deadline they have to take responsibility for naming the electors, and will of course name ones who will elect Trump regardless of the will of the voters in their state.

        This isn't some conspiracy theory, they actually talked on the record to state legislators who have been contacted by the Trump campaign, claiming this is their "contingency plan" in case the ballots can't be counted in time. Of course Trump will be the one responsible for making it difficult to count the ballots by suing when states try to do the logical steps to prepare like verifying in advance the name/signature on absentee ballots before the election (not opening the actual ballot, just verifying that it is a legitimate ballot)

        The day after the election look for dozens of lawsuits filed by his campaign in each swing state, with the goal of finding just one judge who will issue a stay order to halt the counting of absentee ballots. If he gets enough stays, or can have the judge order steps that make the process slow enough, they won't be able to finish counting by mid December. Meanwhile, Trump and his Fox News liars will be claiming the delays are proof of Trump's baseless claims about mail in ballots, so that if his coup is unsuccessful his base will believe the election was stolen from him.

        This is Trump's playbook, he plans to override the will of the voters in states like Pennsylvania, Michigan, Wisconsin, Iowa, Arizona and Florida if they vote for Biden by using their republican legislatures to steal the election for him.

        He openly admitted it yesterday, he said if you "get rid of the ballots" then there won't be a transition, just a "continuation". Trump is not a clever man, and does not understand the concept of humor. He always openly telegraphs what crimes he's planning to commit, the way normal people might talk about the weather.

        1. hoola Silver badge

          Re: Not so fast

          Sorry, which country are we talking about?

          This sounds like some tinpot African dictatorship like Birkina Faso. Sad though it is I think you may be right as the Yellow One has lost all sense of reality (was it there to start with?). All one can hope for is a sufficiently overwhelming majority that he cannot dig his way out or losing whatever.

          1. DS999 Silver badge

            Re: Not so fast

            Trump has exposed a lot of weaknesses in our system that relied not upon law but upon the assumption that a president had respect for the country and Constitution.

            Once he's gone I hope lawmakers on both sides take up the work of sealing up all those cracks, because electing a psychopathic narcissist is probably inevitable the more elections devolve into a contest of "who you hate less".

            The one good side effect I see is that the US will never again be able to try any "nation building" (see Afghanistan and Iraq for the most recent examples) since the people in the other country will simply laugh when the state department folks tell them they should set up a system like the US has.

  8. TaabuTheCat

    That's his MO

    “dirty and unfair and based on bullying and extortion.”

    Pretty much sums up how the "Great Negotiator" works. Forcing people to terms with leverage is not negotiating.

  9. mego

    Oh the irony

    China willfully bans any and everything it likes. Especially things that empower free speech, or (in some cases) those that provide secured communications. This will be an interesting thing to watch...

  10. sean.fr

    if the Chinese delay

    According to factcheck.org , Hunter Biden has a 10% stake in “BHR (Shanghai) Equity Investment Fund Management Company (‘BHR’).

    He will almost certainly make millions on Chinese investments through charges - according to factcheck.org.That millions, not Billion as stated by Trump. I expect this dispute will disappear if Daddy wins.

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