TikTok Creators Sue to Block Sell-or-Ban Law, Citing First Amendment Rights
These creators argue that TikTok is distinct from other social media platforms and serves as a vital form of personal expression and a source of income.
Participants hold signs supporting TikTok as they walk on the East Front Plaza of the U.S. Capitol Building on April 23, 2024, in Washington, DC. (Photo: Anna Moneymaker/Getty Images)
Several TikTok creators have filed a lawsuit against the sell-or-ban law, arguing that TikTok stands apart from other social media platforms and that creating videos on the app is a unique form of expression.
Creators Fight Ban Threat
Eight TikTok creators have launched a legal challenge against a law that threatens to ban the app unless its Chinese parent company, ByteDance, divests it. These creators argue that TikTok is distinct from other social media platforms and serves as a vital form of personal expression and a source of income.
They emphasize that features such as the recommendation algorithm, green screen, and duet capabilities make TikTok distinctive.
The lawsuit states that TikTok's unique features create a distinct culture and identity for the platform. It argues that making videos on TikTok is a unique expression, potentially conveying different meanings compared to other platforms.
Although the creators involved have also used platforms like Facebook and Instagram, the lawsuit highlights their followings on those sites are much smaller.
Creators from various states, spanning diverse professions, backgrounds, and political inclinations, have united in the legal challenge against the potential ban on TikTok.
Among them are Brian Firebaugh, a 43-year-old cattle rancher from Hubbard, Texas; Chloe Joy Sexton, a 29-year-old proprietor of a cookie-baking business in Memphis; and Kiera Spann, a recent graduate from Charlotte advocating for women's empowerment and political awareness.
Other participants include Topher Townsend, a 33-year-old Air Force veteran and rapper known for his biblical quizzes; Talia Cadet, a 34-year-old lifestyle influencer based in Washington, D.C.; Timothy Marin, a 25-year-old college football coach from North Dakota focusing on sports content; Paul Tran, a 43-year-old beauty guru from Atlanta, also managing a skincare brand; and Steven King, a 50-year-old content creator covering comedy, fashion, and relationship topics.
Seeking Constitutional Challenge
The Washington Post reported that the lawsuit has been filed in the federal Court of Appeals in Washington, DC, the only court with the authority to hear challenges to the forced divestment law. The creators request that the court rule the law unconstitutional and prevent its enforcement.
The court is expected to consider the First Amendment challenges TikTok and its creators pose.
However, they will also need to demonstrate that these constitutional issues outweigh the national security concerns cited by lawmakers.
They must address the significant support the law received in Congress, which could influence the court's deference to the legislation.
In their plea for consideration, TikTok and ByteDance urged the court to suspend the law requiring divestment or banning pending a decision.
The court has not yet issued a verdict on this appeal. The deadline for ByteDance's mandated sale, which may be prolonged if the government perceives advancements toward a sale, is set for January 19, the day preceding the inauguration.
