Brian White  |  February 3, 2021

Category: Legal News

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WeChat Ban Violates Religious Liberty: Motion

Blocking Chinese messaging app WeChat violates users’ religious rights, claim the people fighting for its survival.  

WeChat users took action against former president Trump’s administration last year in August after it was banned over national security concerns. 

Executive order 13943 sought to block downloads of WeChat from app stores in the U.S. but it was eventually blocked by a federal judge from taking effect. 

As the Ninth Circuit considers arguments for and against the banning of WeChat, the district court case continues to move forward. 

WeChat users are asking the judge to dismiss moves to have the district case thrown out in this latest motion.  

They argue the app is used by thousands of Chinese-speaking Christians in the U.S. to hold virtual church meetings and Bible study sessions. 

Churches with Chinese speakers use WeChat for group prayers, organizing holiday events, taking care of those in need, educating congregants, and helping those who are sick. 

WeChat “is the only way” users practice their religion, according to the motion, especially during the COVID-19 outbreak. 

For these Chinese-speaking Christians in the U.S., there isn’t an alternative messaging service.  

The executive order to ban WeChat violates the ability for the users to practice their religion freely, according to the motion.  

Alternatively, a separate class action lawsuit filed by another group of WeChat users alleges the company running WeChat snoops for the Chinese government. 

In that lawsuit, filed earlier in January, users say their WeChat messages to family and friends in China are censored. Those plaintiffs cited University of Toronto research showing blocked transactions from WeChat users who did not have an account registered in China. 

The fate of WeChat was put in further jeopardy when another round of executive orders were issued Jan. 5, Reuters reports. This latest order prohibits transactions conducted by eight Chinese apps, including WeChat. 

President Biden’s transition team has not commented on whether this latest order will stand, but the link to the document has been deleted from the White House website. 

What do you think of the executive order banning WeChat? Do you use the app? Let us know in the comments below. 

Counsel representing the WeChat users are Michael William Bien, Alexander Ross Gourse, Amy Xu Van Swearingen of Rosen Bien Galvan & Grunfeld LLP; Keliang Zhu, Clay Xiu of DeHeng Law Offices PC; Thomas R. Burke, David Gossett of Davis Wright Tremaine LLP; and Angus Ni of AFN Law PLLC. 

The WeChat Ban Lawsuit is U.S. WeChat Users Alliance et al. v. Donald J. Trump et al., Case No. 3:20-cv-05910, in the U.S. District Court for the Northern District of California. 

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