Eight TikTok content creators have sued the U.S. government over a new federal law that would ban the popular social media platform nationwide unless its China-based parent company sells its stakes within a year. The creators argue that the law violates their First Amendment rights to free speech and have raised concerns about losing their platform for expression, community-building, and income. The lawsuit, which could potentially reach the Supreme Court, is being supported by TikTok, and filed by a law firm that previously challenged a state-wide ban on the platform in Montana.
The creators involved in the lawsuit come from diverse backgrounds and use TikTok for various purposes, from sharing daily life and LGBTQ awareness to selling skincare products on the app’s e-commerce platform. They argue that TikTok has allowed them to find their voices, connect with audiences, and make a living, and losing the platform would disrupt their livelihoods. The federal law requiring ByteDance to sell TikTok within nine months has raised concerns about the platform’s future accessibility in the U.S. and whether its algorithm could be used for propaganda, a claim TikTok disputes.
Among the content creators involved in the lawsuit is Brian Firebaugh, a rancher who relies on TikTok for marketing his cattle-related products and building an online community with other ranchers. Losing TikTok, he says, would have a significant impact on his family’s income. Another plaintiff, Chloe Joy Sexton, credits TikTok for the success of her cookie business and for providing a platform to share personal experiences, such as losing her mother to cancer. Both creators argue that there is no evidence that their data is at risk or that a sale of TikTok is necessary for user protection.
The creators are seeking a declaration from the court that the law is unconstitutional and an order preventing the Attorney General from enforcing it. The Department of Justice has not yet responded to the lawsuit. The legal challenge reflects broader concerns about the regulation of social media platforms and the impact of geopolitical tensions on global tech companies. The outcome of the lawsuit will likely have implications for free speech rights online, as well as the future of TikTok in the U.S. and beyond.
