A group of eight TikTok creators are taking legal action to prevent a law that would result in the app being banned unless its Chinese parent company, ByteDance, divests it. They argue that such a move would not only jeopardize their sources of income but also hinder their ability to express themselves creatively. This lawsuit mirrors TikTok’s own legal battle against the law, with both cases emphasizing First Amendment rights and questioning the speculative concerns raised by lawmakers.
The creators, which include a rancher, a book reviewer, and a college football coach, assert that TikTok offers a unique platform for creative expression that cannot be easily replicated on other social media platforms. They highlight features such as the recommendation algorithm and tools like green screen and duet capabilities as integral to the platform’s identity. According to the lawsuit, creating content on TikTok is a distinct form of expression that differs from other traditional social media outlets.
Despite the creators’ prior use of platforms like Facebook and Instagram, they note that their followings on those platforms are significantly lower compared to TikTok. They express concerns that a change in ownership could drastically alter the user experience, drawing parallels to Elon Musk’s influence on Twitter after rebranding it as “X.” The creators stress that they value not only the ability to create content on TikTok but also the platform’s current editorial practices, which shape the expression and engagement of their content.
The lawsuit has been filed in the federal Court of Appeals in DC, which holds exclusive jurisdiction over cases challenging the forced divestment law. In their petition, the creators request the court to declare the law unconstitutional and prevent its enforcement to safeguard their livelihoods and creative endeavors. While the creators’ arguments center on First Amendment protections and the uniqueness of TikTok as a creative outlet, they will need to convince the court to prioritize these concerns over national security worries that prompted the law’s enactment.
The legal battle between TikTok creators and the proposed ban underscores the complex interplay between free speech rights, platform identity, and national security considerations. The outcome of this case will likely have broader implications for the regulation of social media platforms and the protection of content creators’ voices in the digital age.