Eight TikTok creators have filed a lawsuit against the U.S. government, arguing that a new law requiring the sale or ban of the popular video-sharing app violates their First Amendment rights. The law bans an entire medium of communication, despite the majority of speech on the platform being protected. TikTok filed its own lawsuit last week citing concerns over free speech. The law, signed by President Joe Biden, would ban the app if its Chinese parent company does not divest it.
The creators suing the government come from different states and backgrounds, all having found success and community on TikTok. They argue that the platform is a crucial part of American life that allows them to express themselves and connect with others. A ban on TikTok could threaten their livelihoods and deprive them of a unique means of communication. Many of the creators have tried other social media platforms with less success and fear losing the connections they have made on TikTok.
TikTok has been under scrutiny by lawmakers for years, with concerns that it is controlled by the Chinese Communist Party and poses a national security threat. In its lawsuit, TikTok pushed back, stating that national security concerns are not sufficient grounds for restricting free speech. The lawsuit argues that the burden is on the government to prove that such restrictions are warranted. The ban is described in the lawsuit as content-based, viewpoint-based, and speaker-based, with U.S. congressional members making unsupported claims about the platform.
The Justice Department has defended the legislation, stating that it addresses national security concerns while being consistent with the First Amendment and other constitutional limitations. TikTok creators argue that the ban is a pernicious attack on free speech that goes against the principles of the nation’s founding. The law firm representing the creators, Davis Wright Tremaine, has previously represented TikTok creators in legal battles over proposed bans. TikTok has financed plaintiffs’ attorney fees in previous cases and will do so in this latest federal case.
The lawsuit filed by the creators points out that they rely on TikTok to express themselves, learn, and find community. They are seeking to protect not only their First Amendment rights but also the rights of the approximately 170 million Americans who use the platform. The lawsuit highlights the impact a ban would have on creators like Chloe Joy Sexton, who has built a successful business and community on TikTok. The lawsuit aims to challenge the legislation that threatens to silence voices and limit expression on the platform.
