A group of prominent TikTok users filed a lawsuit against the federal government over a new law that would require the sale of the app or potentially lead to its ban in the United States. These users, who have millions of followers on TikTok, argue that the law violates their First Amendment rights by potentially shutting down a vital communication medium. They believe that the law restricts their ability to create and share content, as well as view content from other users. Among the users involved in the lawsuit are Chloe Joy Sexton, Christopher Townsend, and Steven King, all with millions of followers on TikTok.
The users claim that the law undermines the nation’s founding principles and free marketplace of ideas, as it could censor speech based on its content, viewpoints, editorial practices, or the identity of speakers and publishers. This lawsuit is the second filed in federal court challenging the law, called the Protecting Americans from the Adversary Controlled Applications Act. Both petitions aim to block the Biden administration from enforcing the law. TikTok and its parent company ByteDance also filed their own petition last week, arguing that the law violates the First Amendment.
The law was included in a foreign aid package passed by Congress and signed by President Biden, requiring ByteDance to sell its stake in TikTok within a specific timeframe. Failure to comply would result in TikTok losing access to mobile app stores and web-hosting providers, effectively cutting off its access to the estimated 170 million U.S users. These measures were sparked by concerns about TikTok and its potential use by the Chinese government to spy on Americans or influence public opinion. TikTok’s recommendation algorithm has been a key factor in its popularity, and the Chinese government opposes divestment of the technology.
The Trump administration had previously attempted to ban TikTok in 2020, but federal courts ruled in favor of TikTok and users challenging the executive order. A judge also blocked a Montana law that partially banned the app on First Amendment grounds. Despite these legal challenges, more than 30 states and the federal government continue to ban the app on state-issued devices. The lawsuit by TikTok users is the latest in a series of legal battles surrounding the app’s operations and potential restrictions imposed by the U.S. government.
