On May 14, eight content creators officially sued the U.S. Government over the bill that might ban TikTok.
Under this law, TikTok’s Chinese parent company, ByteDance, must sell its TikTok assets to a U.S.-based buyer in the next 9-12 months. If the company fails to do so, TikTok will be banned all over the U.S.
The app itself has already filed a lawsuit against the government, and relies on two main arguments. Firstly, that a nationwide TikTok ban would be a violation of First Amendment rights. And secondly, that ByteDance’s proposed sale to a U.S. buyer “is simply not commercially, legally, or technically possible.”
Which TikTok creators are suing the U.S. government?
The diverse range of creators suing the U.S. government consists of rancher Brian Firebaugh, baker Chloe Joy Sexton, political/feminist creator Kiera Spann, religious creator and rapper Topher Townsend, lifestyle creator Talia Cadet, sports creator Timothy Marin, beauty creator Paul Tran, and comedy creator Steven King.
Once again, the arguments for this suit are based on a potential ban violating creators’ First Amendment rights. The Washington Post also claims that TikTok is actually funding these creators’ attorney fees.
Per the suit, which was quoted by the outlet, this law “threatens to deprive [these creators] and the rest of the country, of this distinctive means of expression and communication. It bans an entire medium of communication and all the speech communicated through that medium, even though, at the very least, the vast majority of that speech is protected.”
The suit also argues that the platform has unique “characteristics.” Examples of this include the green screen feature and the ability to create “duets.” This, in turn, gives the app a “distinct culture and identity that needs protecting.”
Ultimately, these creators are asking the U.S. Government to declare the ban law unconstitutional and prevent it from moving forward.
Further reading:
- It’s Official: TikTok Is Suing the U.S. Government
- Lawyers Are Rallying Creators for a Class Action Lawsuit to Save TikTok
- ByteDance Says It Won’t Sell TikTok
- President Biden Signs Bill Forcing TikTok Sale or Ban
- Dear President Biden: TikTokers Pen Open Letter to ‘Stop the Ban’
- Sell or Be Banned: Why the Latest Bill to Ban TikTok Won’t Solve the Problem
