Eight TikTok creators filed a lawsuit against the U.S. government on Tuesday, seeking to block a recently enacted law that mandates the China-based owner of the social media platform, ByteDance, to sell its U.S. operations or face a nationwide ban.
The creators, represented by attorney Davis Wright Tremaine, argue that the law violates their First Amendment rights.
The controversial law, passed as part of a legislative package that also included aid to Ukraine, Israel, and Taiwan, was signed by President Joe Biden on April 24. It gives ByteDance nine months to find a U.S. buyer for TikTok, a move driven by national security concerns over the company’s data-collection practices and potential ties to the Chinese government.
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The creators’ lawsuit, shared by Tremaine on the social media platform X, asserts that the law “undermines the nation’s founding principles and free marketplace of ideas.”
The filing states, “The law promises to shutter a discrete medium of communication that has become part of American life, prohibiting Petitioners from creating and disseminating expressive material with their chosen editor and publisher.”
This lawsuit follows a separate legal action taken by TikTok itself last week. The company, alongside ByteDance, filed a suit in the U.S. Circuit Court of Appeals for Washington, D.C., challenging the legislation on similar grounds. They argue that the mandated divestiture is “simply not possible: not commercially, not technologically, not legally.”
TikTok’s filing describes the law as an “unprecedented violation” of the First Amendment, noting, “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban.”
TikTok contends that invoking national security concerns does not justify restricting free speech. The burden, they argue, is on the federal government to prove that such a restriction is warranted, a burden they claim the government has not met.
Impact on Creators
One of the plaintiffs in the latest lawsuit, Brian Firebaugh, a rancher from Texas, illustrates the personal and economic impacts of the potential ban. Firebaugh earns income from the TikTok Creator Fund and by promoting products on the app.
According to the lawsuit, “Without access to TikTok, Firebaugh would need to get a different job and pay for daycare instead of raising his son at home.” Firebaugh poignantly states, “If you ban TikTok, you ban my way of life.”
Government’s Stance
Proponents of the law, such as John Moolenaar, R-Mich., Chairman of the House Select Committee on the Chinese Communist Party, maintain that the legislation is essential for national security.
“Congress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people. It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the CCP. I’m confident that our legislation will be upheld,” he said.
Legal and Political Implications
The lawsuit marks a critical juncture in the ongoing debate over TikTok’s future in the United States. The legal challenges are expected to significantly delay the implementation of any ban or forced sale. Although ByteDance was initially given more than a year to comply with the divestiture mandate, the legal proceedings will likely extend this timeline, potentially delaying any definitive action for years.
Critics argue that the TikTok ban is an overreach that impinges on free speech and the rights of millions of American users who rely on the platform for communication, business, and entertainment. Supporters, however, stress the importance of addressing potential security risks posed by foreign-controlled applications.
However, as the legal battles unfold, the future of TikTok in the U.S. remains uncertain. The outcomes of these lawsuits will not only impact the social media industry but also set important precedents regarding the balance between national security and free speech in the digital age.
For now, creators like Brian Firebaugh and millions of other users await the court’s decision, which will determine whether TikTok continues to be a part of their daily lives or becomes a casualty of geopolitical tensions.
A group of TikTok creators has sued the U.S. government, arguing the recently passed law forcing ByteDance to sell the social media platform or face a ban violates the First Amendment. The eight creators, including a rancher, a skincare products business owner and a creator who posts about LGBTQ topics, “rely on TikTok to express themselves, learn, advocate for causes […] and and even make a living.” The argument is similar to TikTok’s position in its own lawsuit filed last week. A TikTok spokesperson said the company is paying the legal costs for the complaint. U.S. real estate billionaire Frank McCourt said Wednesday he plans to build a consortium to buy the American arm of TikTok. McCourt has been “trying to rebuild social media” in recent years, notes Bloomberg.