An alliance of American WeChat users have filed a complaint to challenge Trump’s impending ban against the Chinese app, claiming that it is an unconstitutional violation of their civil liberties. The President issued an executive order stating that the messaging service will be banned in mid-September, due to concerns about national security. Trump has issued a similar ban threat against TikTok, though reports indicate that the administration’s actions against WeChat might be less severe.
The group filing the lawsuit, the U.S. WeChat Users Alliance, claims that their rights to due process as well as freedom of speech will be violated. They specifically attack the rationality of the President’s claim that the application presents a security threat. Further, they assert that it might be a result of anti-Chinese animus, highlighting recent comments that the President has made that blatantly demonstrate such animus.
Bloomberg reports that the case has been filed in a court in San Francisco. The lawsuit comes amidst the revelation of private talks between American companies and the current U.S. administration, due to the vital role that WeChat plays in business relations with Chinese firms. The administration has signaled that Americans should be able to continue to use the application while in China, though the actual design of the ban has yet to be released and Trump could implement a broad and sweeping ban that would include such “transactions”.
Will A Legal Challenge Defend WeChat From Trump’s Ban?
No. The president has broad powers in international relations, especially when he can cite a national emergency stemming from foreign affairs. A legal challenge is unlikely to deter the President and it is unlikely to result in a ruling favorable to those seeking legal relief. The action might, however, being media attention to the issue.
There appear to be few contours to this as applied challenge that would alter extant precedent. There are still plenty of means through which persons may exercise their First Amendment rights and the court is likely to find that the President had the authority under the law to take the actions that he has announced his intention to take. WeChat’s best hope is to continue to provide excellent services that have garnered it a powerful constituency lobbying in its favor within the political arena, though a change in political leadership might also alter the strategic playing field. WeChat users and the alliance taking legal action will also need to take political action to defend their ability to use the Chinese application.
