Eight TikTok creators have sued the US government, challenging a new law that could force a sale or ban of the popular video-sharing app.
They argue that the law infringes on their First Amendment rights.
The lawsuit claims the law “bans an entire medium of communication and all the speech communicated through that medium, even though, at the very least, the vast majority of that speech is protected.”
This 33-page complaint follows TikTok’s legal action against the federal government and highlights concerns over free speech.
The case was filed in the US Court of Appeals for Washington, D.C., which has “exclusive jurisdiction” over legal challenges to the law.
President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act into law last month.
This bipartisan legislation could ban TikTok in the US unless its Chinese parent company, ByteDance, divests the app.
The lawsuit describes TikTok as an integral part of American life.
The eight plaintiffs, from various states and backgrounds, have all built substantial followings and found new opportunities through TikTok.
Tiktokers suing
- Brian Firebaugh, a rancher from Texas
- Chloe Joy Sexton, a baker from Tennessee
- Talia Cadet, a book reviewer from the D.C. area
- Timothy Martin, a college football coach from North Dakota
- Kiera Spann, a political activist from North Carolina
- Paul Tran, a skincare brand founder from Georgia
- Topher Townsend, a rapper from Mississippi
- Steven King, a comedy creator from Arizona
The plaintiffs argue a ban would not only disrupt their unique means of communication but also threaten their livelihoods.
Many posted videos expressing their concerns, noting that alternative social media platforms have not provided the same success.
For instance, Chloe Joy Sexton began creating TikTok videos after losing her job in 2020.
She has over 2.2 million followers, launched a cookie company, and published a cookbook.
She said: “Losing the platform would be losing not only my income but my most effective means of connecting with people around the world.
“I’m proud to be part of this lawsuit and to stand up for everyone who counts on TikTok like I do.”
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The law’s supporters argue that TikTok, with its 170 million American users, poses a national security threat due to its ties to the Chinese Communist Party.
However, TikTok’s lawsuit claims that these concerns do not justify restricting free speech, and the federal government has not proven that such a restriction is necessary.
The creators’ lawsuit terms the ban as “content-based, viewpoint-based, and speaker-based,” citing several claims by US congressional members that TikTok spreads Chinese propaganda or promotes “anti-American” and “anti-Israel” messaging.
The Justice Department defended the legislation.
A DOJ spokesperson said: “This legislation addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations.
“We look forward to defending the legislation in court.”
TikTok, represented by the law firm Davis Wright Tremaine, has previously fought similar legislation.
After Montana issued a TikTok ban last year, five creators successfully challenged it in federal court.
The firm also represented creators who opposed former President Donald Trump’s executive order banning TikTok in 2020, which a federal judge blocked.
