TikTok creators file lawsuit against US ban

A group of TikTok creators followed the company’s lead and filed their own lawsuit to block a U.S. law that would force Chinese parent company ByteDance Ltd. to divest itself of the popular video app by January or face a ban.

Like the May 7 case brought by TikTok, eight creators behind Tuesday’s lawsuit are defying a U.S. ultimatum intended to address national security concerns that the Chinese government could access user data or influence the which is seen on the platform. Creators include a Texas rancher, a college football coach in North Dakota, the founder of a skin-care line in Atlanta, and a book lover in Maryland who promotes Black authors on the platform.

“Our customers trust TikTok to express themselves, learn and find community,” Ambika Kumar, an attorney for the creators, said in a statement. “They hope to vindicate not only their First Amendment rights, but also the rights of the other approximately 170 million Americans who also use TikTok. The ban is a pernicious attack on free speech that is contrary to the nation’s founding principles.”

A Justice Department spokesperson said the government hopes to defend the law in court.

“This legislation addresses critical national security issues in a way that is consistent with the First Amendment and other constitutional limitations,” the spokesperson said in a statement.

ByteDance has said it has no intention of trying to find a buyer for TikTok as the January deadline approaches. Instead, ByteDance wants the law declared unconstitutional, saying it violates the First Amendment and represents illegal punishment without due process or a presidential finding that the app is a threat to national security.

See more information: What to know about the law that could ban TikTok in the US

TikTok has argued that the law will stifle free speech and harm creators and small business owners who benefit economically from the platform. The company said that in response to data security concerns, it spent more than $2 billion to isolate its U.S. operations and agreed to oversight from U.S. firm Oracle Corp.

Professional content creators typically don’t make enough money to live off TikTok itself. The social media company has a fund that pays certain creators based on performance and also shares revenue from products tagged and purchased through the app. Instead, creators use the app to gain an audience in hopes of landing lucrative brand sponsorship deals, where they make videos or promote branded products, just like on other social media platforms.

See more information: TikTok promises to fight its ban. See how the battle can play out

TikTok’s ties to China have faced scrutiny under previous administrations. Former President Donald Trump used an executive order to try to force the sale of the app to an American company or face a ban. But his administration also faced several legal challenges – including from breeders – and judges prevented the ban from taking place. When Joe Biden became president, he placed Trump’s ban under further review.

A lobbying push against the law by TikTok CEO Shou Chew failed to convince U.S. lawmakers who worried about the national security threat of China potentially accessing user data and disseminating propaganda to about half the population. American. Congress passed the law in April and Biden signed it.

See more information: The grim reality of the TikTok ban

Last year, Montana became the first US state to enact a law that would ban residents from using the app. A federal judge has sympathized with TikTok and creators’ free speech arguments in blocking Montana’s measure while legal challenges play out.

The Justice Department had no immediate comment on Tuesday’s lawsuit.