9th Circ. Weighs Nat'l Security, Free Speech In WeChat Appeal

Law360 (January 14, 2021, 9:06 PM EST) -- A Ninth Circuit panel pressed the Trump administration and users of the Chinese-owned WeChat app Thursday on what test courts should use to balance national security concerns with Americans' constitutional free speech rights, as it weighs the government's appeal of an injunction that blocked its ban on the social media service.

Each of the three judges on the panel asked both sides specific questions on what analysis they should use to determine whether to vacate the September preliminary injunction barring the Trump administration from moving forward with restrictions on the mobile-messaging app, which is popular with Chinese-speakers.

The WeChat users' counsel,...

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