The Second Amendment Rights Center for Law & Justice: https://aclj.org/religious-freedom/aclj-files-lawsuit-to-protect-first-amendment-rights-of-tiktok-creators
The TikTok users who have filed a lawsuit against the federal government are alleging that a law signed by President Joe Biden violates their First Amendment rights. The law requires TikTok to be sold to new owners or be banned in the U.S. The creators argue that the law is “unconstitutionally overbroad” and would put an end to a way of communicating that is a “part of American life.” They believe that if the law is not overturned, it will inflict “immediate and irreparable harm.”
The TikTok creators who have sued the government come from various backgrounds, ranging from a 43-year-old cattle rancher in Texas to a 29-year-old woman who owns a cookie business in Tennessee. Last week, ByteDance, TikTok’s China-based parent company, also sued the government, claiming that the law may violate the First Amendment. ByteDance argued that the nine-month timeline for a potential sale is “simply not possible.” Forbes has reached out to TikTok for comment on the lawsuit.
The lawsuit highlights that 170 million Americans create, publish, view, interact with, and share videos on TikTok. The creators argue that TikTok provides them with a unique and irreplaceable means to express themselves and form community. The lawsuit emphasizes that despite coming from different places, professions, walks of life, and political persuasions, American TikTok users are united in their support for the app.
President Joe Biden signed the law requiring TikTok to find a new owner or face a ban from the U.S. as part of a $95 billion foreign aid package to assist Ukraine, Israel, and Taiwan. The bill mandates ByteDance to sell TikTok within 270 days, with the possibility for Biden to extend the deadline by 90 days if there is “significant progress” towards a sale. TikTok has argued that transferring its code to another owner would be impossible and that the law represents an “extraordinary and unconstitutional assertion of power.”
TikTok users had previously taken to Washington, D.C., to advocate for the app and used the hashtag “#KeepTikTok” to show support. Lawmakers have scrutinized TikTok for national security concerns and data privacy issues. Congress banned the app on federal devices in 2022 and several states have followed suit. Montana passed a complete ban on the app, but it was blocked by a court for violating free speech and targeting China’s role in developing TikTok. TikTok has maintained that it does not share data with the Chinese government.
