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'''U.S. WeChat Users Alliance v. Trump''' |
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{{short description|Lawsuit between U.S. WeChat Users Alliance and President Donald J. Trump}} |
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{{USCourtCase |
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| CourtSeal = US_DC_NorCal.svg |
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| CourtName = [[United States District Court for the Northern District of California]] |
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| Litigants = U.S. WeChat Users Alliance v. Trump |
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| FullName = U.S. WeChat Users Alliance, et al. v. Donald J. Trump, et al. |
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| ⚫ | '''''U.S. WeChat Users Alliance (USWUA) v. Trump''''' was a court case pending before the [[United States District Court for the Northern District of California]]. The plaintiffs won a preliminary injunction on September 20, 2020, blocking the Trump administration's ban order against [[WeChat]] based on concerns raised about harm to First Amendment rights and the hardships imposed on a minority community using the app as a primary means of communication.<ref name="injunction">{{cite news |title=Trump administration's WeChat ban is blocked by U.S. district court |url=https://techcrunch.com/2020/09/20/trump-administrations-wechat-ban-is-blocked-by-u-s-district-court/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAMaa1SpwjuOhhuGEVpon64UEVQnxrGbPC4_hUVxjnTEXfS2MYO1eNcVKDrfN-vmPeTwuV3gopNP-BNmAFgJorgGbatKO53oyV9JNXuX02nlUzRzE19Z1BpVxACEx1dZ_fO2BBrmN8-0FVsrEKzjN8mWDBouXOAKRjSFzTQSChUKe |work=Tech Crunch |date=September 21, 2020}}</ref><ref name="group">{{cite news |title=U.S. Judge Temporarily Halts Trump's WeChat Ban |url=https://www.nytimes.com/2020/09/20/business/economy/court-wechat-ban.html |work=New York Times |date=September 20, 2020}}</ref> The lawsuit was dismissed in July 2021, following the [[Biden Administration]]'s rescission of the executive order. |
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==Background== |
==Background== |
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[[WeChat]] is a highly popular social media app in China. Many American families depend on WeChat as a means of communicating with family and friends in China.<ref name="communication">{{cite news |title= |
[[WeChat]] is a highly popular social media app in China. Many American families depend on WeChat as a means of communicating with family and friends in China.<ref name="communication">{{cite news |title='It'sSoEssential': WeChat Ban Makes U.S.-China Standoff Personal |url=https://www.nytimes.com/2020/09/18/technology/wechat-ban-united-states-china.html |work=New York Times |date=September 18, 2020}}</ref> |
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On August 6, 2020, U.S. President Donald Trump signed an executive order, invoking the [[International Emergency Economic Powers Act]], seeking to ban WeChat in the U.S. in 45 days, due to its connections with the Chinese-owned Tencent. This was signed alongside a similar executive order targeting [[TikTok]] and its Chinese-owned [[ByteDance]].<ref name=":10">{{Cite news|last=Arbel|first=Tali|date=August 6, 2020|title=Trump bans dealings with Chinese owners of TikTok, WeChat| |
On August 6, 2020, U.S. President Donald Trump signed an executive order, invoking the [[International Emergency Economic Powers Act]], seeking to ban WeChat in the U.S. in 45 days, due to its connections with the Chinese-owned [[Tencent]]. This was signed alongside a similar executive order targeting [[TikTok]] ([[TikTok v. Trump]]) and its Chinese-owned [[ByteDance]].<ref name=":10">{{Cite news|last=Arbel|first=Tali|date=August 6, 2020|title=Trump bans dealings with Chinese owners of TikTok, WeChat|work=Associated Press|url=https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8|url-status=live|access-date=August 6, 2020|archive-date=7 August 2020|archive-url=https://web.archive.org/web/20200807071140/https://apnews.com/719d8c83f689929c9c9d8c9aa5593fc8}}</ref> Following the EO, the Department of Commerce issued orders on September 18, 2020, to enact the ban on WeChat and TikTok by the end of September 20, 2020, citing national security and data privacy concerns.<ref>{{Cite news|last=Shepardson|first=David|date=2020-09-18|title=EXCLUSIVE-Trump to block U.S. downloads of TikTok, WeChat on Sunday- officials|language=en|work=Reuters|url=https://www.reuters.com/article/usa-tiktok-ban-idUSL1N2GF039|access-date=2020-09-18|archive-date=20 September 2020|archive-url=https://web.archive.org/web/20200920143158/https://www.reuters.com/article/usa-tiktok-ban-idUSL1N2GF039|url-status=live}}</ref><ref>{{Cite web|last=Kelly|first=Makena|date=2020-09-18|title=Trump to ban US TikTok and WeChat app store downloads on September 20th|url=https://www.theverge.com/2020/9/18/21445060/trump-tiktok-wechat-ban-us-apple-app-store-google-play-commerce-department|access-date=2020-09-18|website=The Verge|language=en|archive-date=20 September 2020|archive-url=https://web.archive.org/web/20200920143210/https://www.theverge.com/2020/9/18/21445060/trump-tiktok-wechat-ban-us-apple-app-store-google-play-commerce-department|url-status=live}}</ref> |
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==Plaintiff== |
==Plaintiff== |
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The plaintiff is the U.S. WeChat Users Alliance |
The plaintiff is the U.S. WeChat Users Alliance, including individuals Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, and Xiao Zhang.<ref name="U.S. WeChat Users Alliance v. Trump (3:20-cv-05910)">{{cite web |last1=Beeler |first1=Laurel D. |title=U.S. WeChat Users Alliance v. Trump (3:20-cv-05910) |url=https://www.courtlistener.com/docket/17470217/us-wechat-users-alliance-v-trump/ |website=Court Listener |access-date=28 June 2024}}</ref> The alliance's trustees are described by the ''New York Times'' as including "several prominent Chinese-American lawyers". The group says it is not connected to [[Tencent]].<ref name="group"/> |
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==Proceedings== |
==Proceedings== |
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Magistrate Judge |
Magistrate Judge Laurel Beeler of the [[United States District Court for the Northern District of California]] issued a preliminary injunction blocking the Department of Commerce order on WeChat on September 20, 2020, citing the merits of the plaintiffs' First Amendment claims.<ref name=commerceblock>{{cite web | url = https://www.reuters.com/article/idUSKCN26B0IU | title = U.S. judge blocks Commerce Department order to remove WeChat from app stores | first = David | last= Shepardson | date = September 20, 2020 | access-date= September 20, 2020 | publisher = [[Reuters]] }}</ref> The U.S. Justice Department appealed this injunction on 2 October 2020, calling judge Beeler's decision an "error".<ref>David Shepardson, [https://www.reuters.com/article/us-usa-wechat-ban-idUSKBN26N2SV U.S. government appeals judge's ruling to block WeChat app store ban], ''Reuters.com'', 2 October 2020</ref> On October 23, judge Beeler said the new evidence presented by the U.S. Justice Department in early October did not change her mind regarding her injunction of the White House order.<ref>Kim Lyons, [https://www.theverge.com/2020/10/23/21531154/judge-denies-trump-administration-ban-wechat-tencent-china Judge again blocks Trump administration push to ban WeChat in the US], ''Theverge.com'', 23 October 2020</ref> On December 23, the Trump administration asked the court to drop the ''U.S. WeChat Users Alliance v. Trump'' case to follow through on its ban of WeChat.<ref>Joel Rosenblatt, [https://www.bloomberg.com/news/articles/2020-12-24/trump-wants-wechat-users-suit-challenging-restrictions-tossed Trump Wants WeChat Users’ Suit Challenging Restrictions Tossed], ''Bloomberg.com'', 23 December 2020</ref> |
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On 31 December 2020, the NYSE announced it would apply a White House order banning three Chinese telecom companies from US trading floors, including [[Alipay]] and [[WeChat Pay]]. Then, in early January 2021, Donald Trump issued an order to ban a total of 8 mobile apps on US soils, WeChat included, but the order would become effective under the Biden administration.<ref>Jeanne Whalen, [https://www.washingtonpost.com/technology/2021/01/05/trump-ban-alipay-wechat-pay/ NYSE will remove share listings of Chinese telecom companies as Trump moves to ban Chinese apps Alipay and WeChat Pay], ''Washingtonpost.com'', 6 January 2021</ref><ref>Justin Sink, Jennifer Jacobs, [https://fortune.com/2021/01/05/trump-executive-order-china-payment-apps-alipay-wechat-pay/ Trump tries to ban transactions with Chinese payment apps], ''Fortune.com'', 5 January 2021</ref> |
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In 2021, the Biden administration dropped the ban on TikTok and WeChat with a new executive order that mandates accountability measures.<ref>{{Cite web |last=Allyn |first=Bobby |date=June 9, 2021 |title=Biden Drops Trump's Ban on TikTok And WeChat — But Will Continue The Scrutiny |url=https://www.npr.org/2021/06/09/1004750274/biden-replaces-trump-bans-on-tiktok-wechat-with-order-to-scrutinize-apps |access-date=March 13, 2024 |website=NPR}}</ref> The plaintiffs then moved to dismiss the case, which was granted.<ref>{{Cite web |title=Filings |url=https://uswua.org/filings |access-date=March 13, 2024 |website=USWUA}}</ref> |
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==See also== |
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*[[TikTok v. Trump]] |
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==References== |
==References== |
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{{reflist}} |
{{reflist}} |
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==External links== |
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* [https://uswua.org/ USWUA official website] |
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[[Category:Donald Trump litigation]] |
[[Category:Donald Trump litigation]] |
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[[Category:China–United States relations]] |
[[Category:China–United States relations]] |
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[[Category:WeChat]] |
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[[Category:United States District Court for the Northern District of California cases]] |
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| U.S. WeChat Users Alliance v. Trump | |
|---|---|
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| Court | United States District Court for the Northern District of California |
| Full case name | U.S. WeChat Users Alliance, et al. v. Donald J. Trump, et al. |
U.S. WeChat Users Alliance (USWUA) v. Trump was a court case pending before the United States District Court for the Northern District of California. The plaintiffs won a preliminary injunction on September 20, 2020, blocking the Trump administration's ban order against WeChat based on concerns raised about harm to First Amendment rights and the hardships imposed on a minority community using the app as a primary means of communication.[1][2] The lawsuit was dismissed in July 2021, following the Biden Administration's rescission of the executive order.
WeChat is a highly popular social media app in China. Many American families depend on WeChat as a means of communicating with family and friends in China.[3]
On August 6, 2020, U.S. President Donald Trump signed an executive order, invoking the International Emergency Economic Powers Act, seeking to ban WeChat in the U.S. in 45 days, due to its connections with the Chinese-owned Tencent. This was signed alongside a similar executive order targeting TikTok (TikTok v. Trump) and its Chinese-owned ByteDance.[4] Following the EO, the Department of Commerce issued orders on September 18, 2020, to enact the ban on WeChat and TikTok by the end of September 20, 2020, citing national security and data privacy concerns.[5][6]
The plaintiff is the U.S. WeChat Users Alliance, including individuals Jinneng Bao, Chihuo Inc., Brent Coulter, Fangyi Duan, Elaine Peng, and Xiao Zhang.[7] The alliance's trustees are described by the New York Times as including "several prominent Chinese-American lawyers". The group says it is not connected to Tencent.[2]
Magistrate Judge Laurel Beeler of the United States District Court for the Northern District of California issued a preliminary injunction blocking the Department of Commerce order on WeChat on September 20, 2020, citing the merits of the plaintiffs' First Amendment claims.[8] The U.S. Justice Department appealed this injunction on 2 October 2020, calling judge Beeler's decision an "error".[9] On October 23, judge Beeler said the new evidence presented by the U.S. Justice Department in early October did not change her mind regarding her injunction of the White House order.[10] On December 23, the Trump administration asked the court to drop the U.S. WeChat Users Alliance v. Trump case to follow through on its ban of WeChat.[11]
On 31 December 2020, the NYSE announced it would apply a White House order banning three Chinese telecom companies from US trading floors, including Alipay and WeChat Pay. Then, in early January 2021, Donald Trump issued an order to ban a total of 8 mobile apps on US soils, WeChat included, but the order would become effective under the Biden administration.[12][13]
In 2021, the Biden administration dropped the ban on TikTok and WeChat with a new executive order that mandates accountability measures.[14] The plaintiffs then moved to dismiss the case, which was granted.[15]
