Eight TikTok content creators have filed a lawsuit against the U.S. government, challenging the new federal law that could lead to a nationwide ban on the popular social media platform if its China-based parent company, ByteDance, doesn’t sell its stakes within a year. The creators argue that the law violates their First Amendment rights to free speech, similar to the argument made by TikTok in a separate lawsuit filed last week.
The lawsuit, filed in a Washington appeals court, involves a diverse group of content creators, including a Texas-based rancher, an Arizona-based creator who uses TikTok to spread awareness about LGBTQ issues, and a business owner who sells skincare products on TikTok Shop. The creators claim that they rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.
TikTok is covering the legal costs for the lawsuit, which is being led by the same law firm that successfully challenged Montana’s statewide ban on the platform last year. The Department of Justice maintains that the legislation addresses critical national security concerns while remaining consistent with the First Amendment and other constitutional limitations.
The federal law comes amid heightened tensions between the U.S. and China, with U.S. lawmakers and administration officials expressing concerns about TikTok’s ability to protect user data from Chinese authorities and the potential for its algorithm to spread pro-China propaganda.
Under the law, ByteDance would be required to sell TikTok to an approved buyer within nine months, with a possible three-month extension if a sale is in progress. However, TikTok and ByteDance argue that they would have no choice but to shut down by January 19, 2024, as continuing to operate in the U.S. would not be feasible.
The content creators involved in the lawsuit, such as Brian Firebaugh, a Texas-based rancher, and Chloe Joy Sexton, a Memphis-based cookie business owner, claim that losing TikTok would disrupt their livelihoods and online communities.
They are asking the court to declare the law unconstitutional and prevent its enforcement.
The Associated Press contributed to this article.