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    TikTok Creators SUE the U.S. Government

    Eight TikTok content creators have sued the U.S. government, challenging a new federal law that could ban the popular social media platform nationwide if its China-based parent company, ByteDance, does not sell its stakes within a year. The lawsuit, filed on Tuesday, argues that the law violates users’ First Amendment rights to free speech.

    The creators’ attorneys argue that the law infringes on their clients’ ability to express themselves and connect with others. The complaint states that the creators “rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.” They add that TikTok’s unique platform has allowed these creators to find their voices, build significant audiences, make new friends, and explore diverse perspectives. The creators claim that the law would deprive them and others of this distinctive means of communication.

    A spokesperson for TikTok confirmed that the company is covering the legal costs for the lawsuit, which is being led by the same law firm that represented creators who challenged Montana’s statewide ban on the platform last year. In November, a judge blocked that law from going into effect. The current lawsuit has been filed in a Washington appeals court and could potentially reach the Supreme Court.

    The Department of Justice has defended the legislation, stating that it addresses critical national security concerns in a manner consistent with the First Amendment and other constitutional limitations. They have expressed confidence in defending the law in court.

    This federal law comes amid heightened strategic rivalry between the U.S. and China on various issues, including China’s support for Russia in its invasion of Ukraine. U.S. lawmakers and administration officials have raised concerns about TikTok’s ability to protect user data from Chinese authorities and its potential to spread pro-China propaganda, which TikTok disputes.

    Under the law, ByteDance would be required to sell TikTok to an approved buyer within nine months. If a sale is in progress, the company would receive a three-month extension to complete the deal. However, TikTok and ByteDance have argued that it would be impossible to divest the U.S. TikTok platform as a separate entity from the rest of TikTok, which has 1 billion users worldwide. They claim that a U.S.-only TikTok would operate in isolation from the global platform. Additionally, the Chinese government has indicated that it would not permit the sale of the recommendation algorithm that is key to TikTok’s success.

    Among the plaintiffs is Brian Firebaugh, a rancher from Hubbard, Texas, who started his TikTok account in 2020 to promote his cattle-related products. TikTok has allowed him to build an online community and participate in a Netflix reality show, providing income that supports his family. Firebaugh, who has over 430,000 followers, said losing TikTok would disrupt his business: “One hundred percent of our customers come from TikTok. For that to go away, you’re now stealing money out of my family’s mouths.”

    Another plaintiff, Chloe Joy Sexton, a content creator from Memphis, Tennessee, started her TikTok account after losing her previous job. Her cookie business, Chloe’s Giant Cookies, gained viral traction on TikTok, and she now has over 2 million followers. Sexton also uses the platform to share personal stories, including her mother’s battle with brain cancer and her subsequent adoption of her younger sister. Sexton argues that there is no evidence that her or others’ information is at risk, criticizing the law as being based on a hypothetical threat.

    The creators are asking the court to declare the law unconstitutional and issue an order preventing Attorney General Merrick Garland from enforcing it.