Eight TikTok content creators are taking the US government to court for forcing ByteDance to sell TikTok, or face a ban. The content creators filed their lawsuits on Tuesday, challenging the new federal law that threatens to ban the social media platform nationwide unless its China-based parent company sells its stakes within a year.
Lawyers representing the creators argue that the law violates users’ First Amendment rights to free speech, echoing TikTok’s own arguments in a separate lawsuit filed last week. This legal challenge could ultimately reach the Supreme Court.
The lawsuit represents a diverse group of content creators, including a Texas rancher featured in a TikTok commercial, an Arizona creator advocating for LGBTQ issues, and a skincare product business owner who utilizes TikTok’s e-commerce platform. These creators rely on TikTok as a means of self-expression, community-building, and even their livelihood.
According to the lawsuit, TikTok has provided a unique platform for these creators to connect with audiences, express themselves, and earn a living. The law, they argue, would deprive them and others of this important means of communication.
TikTok is covering the legal costs for the lawsuit, which was filed in a Washington appeals court, and is being led by the same law firm that successfully challenged Montana’s ban on the platform last year.
The Department of Justice defends the law, stating it addresses national security concerns while remaining consistent with constitutional limitations. However, TikTok and its creators argue that complying with the law would be impractical and could lead to the platform’s shutdown.
Impact Shorts
More ShortsThe law requires TikTok’s parent company to sell the platform within nine months, with a possible three-month extension if a sale is in progress. TikTok argues that separating its US platform from the global operation would be unfeasible and that the Chinese government, which must approve any sale, has indicated it would not permit the transfer of the platform’s recommendation algorithm, critical to its success.
One of the creators involved in the lawsuit, a Texas rancher, explained how TikTok has transformed his business and personal life, emphasizing the significant impact a ban would have.
Another plaintiff, a Tennessee-based content creator and small business owner highlighted TikTok’s role in her business’s success and criticized the lack of evidence supporting the law’s necessity.
The creators are seeking a court declaration that the law is unconstitutional and an order preventing its enforcement by Attorney General Merrick Garland.


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