A coalition of TikTok content creators announced on Tuesday that they have initiated legal proceedings in a U.S. federal court to challenge a law signed by President Joe Biden. This law mandates the divestment of the popular short-form video app, used by over 170 million Americans, or its outright ban. The creators argue that TikTok has profoundly influenced American life.
Among those bringing the lawsuit are a variety of individuals, including a Texas Marine Corps veteran who markets ranch products, a Tennessee woman who sells cookies while discussing parenting, a North Dakota college coach known for sports commentary, a Mississippi hip-hop artist who shares Biblical quizzes, and a recent North Carolina college graduate advocating for sexual assault survivors’ rights.
According to the lawsuit, these creators, despite their diverse backgrounds and viewpoints, believe that TikTok offers them a unique platform for self-expression and community-building.
The legal action was filed by Davis Wright Tremaine LLP on behalf of the creators and has been submitted to the U.S. Court of Appeals for the District of Columbia Circuit. While the White House declined to comment, a Justice Department spokesperson defended the law, asserting it addresses national security concerns while respecting constitutional limits.
The lawsuit seeks injunctive relief, arguing that the law threatens free speech and aims to shut down a vital medium of communication integral to American life. TikTok and its parent company, ByteDance, have previously filed a similar lawsuit, contending that the law violates constitutional rights, particularly those safeguarding free speech.
This legal battle mirrors previous attempts to ban TikTok, including under the Trump administration. Courts had previously blocked such bans. The law signed by Biden in April gives ByteDance until January 19 to divest TikTok or face a ban. While the Biden administration aims to address national security concerns, it does not seek a total ban on TikTok.
The law prohibits app stores like Apple and Google from offering TikTok and bars internet hosting services from supporting the app unless ByteDance divests its ownership.
The creators’ lawsuit underscores the potential financial repercussions of the law, estimating a significant fine for continued support of TikTok. It also challenges the government’s assertion that the law is necessary to protect Americans’ data, arguing that such concerns are speculative and could be addressed through narrower legislation.
Driven by concerns over Chinese access to Americans’ data, the law passed Congress with overwhelming support. The ongoing battle over TikTok reflects broader tensions between the United States and China in the realm of technology and the internet.
The creators’ lawsuit highlights the significant role TikTok played in political campaigns, including Biden’s, suggesting that banning the app would undermine access to vital information.
