TikTok Creators Sue U.S. Over New Law Forcing Sale or Ban

A group of TikTok creators has filed a lawsuit with the intent to block a new law that requires ByteDance, the Chinese parent company of the popular social platform, to divest of the app by mid-January or have it banned from U.S. app stores. The eight petitioners claim that banning the app would be a violation of their First Amendment rights. TikTok and ByteDance filed a similar suit last week and is also paying the legal fees for this latest challenge, according to media reports. The creator lawsuit was filed Tuesday in the U.S. Court of Appeals for the District of Columbia Circuit.

Although the White House declined to comment, the Justice Department issued a statement to Reuters explaining that “the TikTok law ‘addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations.’”

The eight plaintiffs “include a Texas Marine Corps veteran who sells his ranch products, a Tennessee woman selling cookies and discussing parenting, a North Dakota college coach who makes sports commentary videos, a Mississippi hip hop artist who shares Biblical quizzes and a recent college graduate in North Carolina who advocates for the rights of sexual-assault survivors,” Reuters writes.

The New York Times reports “TikTok said it was paying the legal fees for the creators,” on whose behalf the complaint was filed by New York-based Davis Wright Tremaine LLP.

Covington & Burling LLP is lead counsel on the ByteDance lawsuit. It is likely that the two suits will eventually be joined, since there is a lot of overlap, though the litigants strike different tones.

ByteDance is much more clinical in challenging the legality of the Protecting Americans from Foreign Adversary Controlled Applications Act that President Biden signed into law April 24 as part of the National Security Act, while the creators pluck at heartstrings, attacking the administration for hurting their pocketbooks, families and freedom of expression.

The creators “have found their voices, amassed significant audiences, made new friends and encountered new and different ways of thinking — all because of TikTok’s novel way of hosting, curating and disseminating speech,” the complaint states.

One litigant, the Texas rancher, without income from the TikTok Creator Fund would be forced to look for an out-of-home job and “pay for daycare instead of raising his son at home,” the suit reads, according to CNBC.

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