A group of TikTok workers in the US, led by San Francisco Bay Area resident Patrick Ryan, now plans to file suit against the Trump administration and US government. The potential lawsuit comes in response to an executive order signed by President Donald Trump seeking to ban the company. And, more specifically, that executive order’s somewhat vague verbiage. That’s based on recent reports stemming from a GoFundMe campaign set up by Mr. Ryan.
The executive order in question stops and all „transactions” with the company. That could potentially lock down employee payroll in the US, just for starters. But since the underlying goal of the transaction is fairly clear, to effectively shut down the company in the US. But it also has potential longer-term impacts.
That’s because the order is contingent on the company being sold and separated from its Chinese parent company. And WeChat was also named in the order, so that company will need to follow similar guidance or leave the US. If they aren’t sold, they’ll be forced to stop operating.
If forced to exit the US, any employees in the US are essentially out of the job. But those are matters set to be discussed in another suit facing the Trump Administration from TikTok itself.
What’s the basis for this TikTok suit against the US government?
The suit to be filed against the Trump Administration by TikTok workers already has purported legal representation too. And the team would be led by some noteworthy lawyers, including Mike Godwin. That’s if the case is moved forward.
If that name sounds familiar, it’s because Mr. Godwin is the man behind Godwin’s law. Godwin’s law is fairly straightforward, for clarity. It notes that the longer an online discussion continues, the more likely it is that a comparison involving Hitler or Nazis will be made.
The team would be filing the suit on the grounds of both the 5th and 14th Amendments to the US Constitution. And it could very well stick, given how TikTok is managed in the US and the involvement of US citizens working within the US for the US division of the company. The latter amendment appears to effectively affirm the citizenship of the workers. But it also joins the 5th Amendment in clearly stating the right to due process.
That’s in addition to its denying the government the right to 'abridge’ the privileges or immunities of US citizens. And further denying the government’s right to deprive any US citizen of life, liberty, or property without due process.
On what grounds is TikTok itself fighting this?
TikTok, as it operates within the US, utilizes US workers and dedicated US databases. It also has a dedicated Transparency Center that sets it apart from other companies that have faced the wrath of the Trump Administration. And that will undoubtedly serve as the basis for its own suit against the administration. That’s likely in addition to similar constitutional violations that could also be brought to bear.
All of that is setting aside any objections China might have to the proposed app and service ban — although those are less likely to be acknowledged in the current political climate.
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Source: ndroidheadlines.com