Judge Carl Nichols has granted a preliminary injunction, which will delay a planned ban on new downloads of the TikTok app. The ban was supposed to take effect from midnight on 27th September 2020.

The US Department Of Justice filed a sealed opposition to block TikTok’s preliminary injunction blocking the ban of the app. However, Judge Nichols has ruled in TikTok’s favor.

“We’re pleased that the court agreed with our legal arguments and issued an injunction preventing the implementation of the TikTok app ban. We will continue defending our rights for the benefit of our community and employees. At the same time, we will also maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement,” TikTok said in an emailed statement.

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TikTok had argued that removing the app just before an election, amidst of a pandemic, would infringe on the rights of American citizens to freedom of speech.

A TikTok attorney says its ‘no different from the government locking the doors to a public forum’. The attorney, John Hall, a lawyer for TikTok labeled the decision to ban new downloads as ‘arbitrary and capricious.’

The US Department of Commerce says that the Government would. “comply with the injunction and has taken immediate steps to do so, but intends to vigorously defend the E.O. and the Secretary’s implementation efforts from legal challenges.”

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