A coalition of TikTok influencers has initiated a lawsuit against the U.S. government, challenging a legislative move that could force the sale of the app’s parent company, ByteDance, effectively banning TikTok.
This legal action aims to block the implementation of the “Protecting Americans from Foreign Adversary Controlled Applications Act,” which the creators argue infringes upon their First Amendment rights. Their reliance on TikTok for expressing themselves and connecting with vast audiences forms the basis of their claim.
The lawsuit, which includes eight TikTok creators, argues that the Act unjustly restricts a unique mode of expression and information sharing facilitated by TikTok’s innovative platform. “They 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 legal filing highlights. The creators contend that banning TikTok would not only strip them of their expressive platform but also deprive the wider American public of this distinctive form of communication.
This legal challenge emerges in the wake of TikTok’s own legal confrontation with the U.S. government, filed just a week prior. Notably, TikTok is financially supporting the creators’ lawsuit, covering all associated legal fees.
This is not the company’s first foray into legal defenses involving its user base; a similar strategy was employed successfully in Montana. Last year, a group of Montana-based TikTok users, represented by the same law firm now handling the current case, managed to overturn a statewide ban. Their victory underscores the potential effectiveness of leveraging user-led lawsuits in TikTok’s broader strategy to counteract legislative challenges.
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