Judge Responds to Trump’s WeChat Ban

A judge approved a request from a group of US WeChat users to delay impending federal government restrictions that could make the popular app nearly impossible to use.

In a ruling dated Saturday, Magistrate Judge Laurel Beeler in California said the government’s actions would affect users’ First Amendment rights, as an effective ban on the app would remove its communication platform.

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WeChat is a popular messaging app among many Chinese-speaking Americans that serves as a lifeline for friends, family, clients, and business contacts in China. It is owned by Chinese tech giant Tencent.

The WeChat user group sought an injunction after the US Department of Commerce said Friday that it would ban WeChat from US app stores.

The Trump administration has targeted WeChat and another Chinese-owned app, TikTok, over national security and data privacy concerns, at the latest flash point amid mounting tensions between Washington and Beijing. The administration maintains that US user data collected by the two apps could be shared with the Chinese government.

On Saturday, President Donald Trump said he supported a proposed deal that would see TikTok partner with Oracle and WalMart to form an American company. There is still the possibility that TikTok could be banned in the US as of November 12 if the deal is not completed, based on restrictions imposed by the Department of Commerce.

However, a restriction to ban TikTok from app stores in the US, similar to the one faced by WeChat, was delayed for a week until September 27 after Trump backed the latest TikTok deal.

On Sunday, Secretary of State Mike Pompeo told Fox News that the government will ensure that, under the TikTok-Oracle-WalMart agreement, no US data ends up in the possession of the Chinese government.

In the case of WeChat, users argued that movements targeting the all-in-one app with instant messaging, social media and other communication tools would restrict freedom of expression.

In its ruling, Beeler found that a WeChat ban “removes all meaningful access to communication in the plaintiff community” and that a court order would be in the public interest. Furthermore, the specific evidence that WeChat posed a national security threat was also “modest,” he wrote.

The US government previously argued that it would not restrict freedom of speech because WeChat users are still “free to speak on alternative platforms that do not pose a threat to national security.”

The White House did not immediately respond to a request for comment on the court order, but Kerri Kupec, a spokeswoman for the Justice Department, said the department was reviewing the judge’s order.

The dispute over WeChat and TikTok is the latest attempt by the Trump administration to counter China’s influence. Since taking office in 2017, Trump has waged a trade war with China, blocked mergers involving Chinese companies and stifled the business of Chinese companies such as Huawei, a maker of telephones and telecommunications equipment.

– Associated Press