TikTok Creators File Lawsuit Against US Government Over Forced Divestment Law
Creators Argue TikTok’s Unique Features Make It Distinct from Other Platforms
A group of TikTok creators, including cattle rancher Brian Firebaugh, book reviewer Talia Cadet, and college football coach Timothy Martin, have filed a lawsuit against the US government, challenging the constitutionality of a law that would force TikTok’s Chinese owner to divest from the company. The creators argue that TikTok’s unique features, such as its recommendation algorithm and creative tools like green screen and duet, make it a distinct form of expression that cannot be replicated on other social media platforms.
Creators Fear Ownership Change Could Alter TikTok Experience
Despite having a presence on other platforms like Facebook and Instagram, the creators participating in the lawsuit have significantly lower followings on those sites compared to TikTok. They express concern that a change in ownership could drastically alter the TikTok experience, drawing parallels to the impact of Elon Musk’s takeover of Twitter (now X). The complaint emphasizes the creators’ interest not only in creating and accessing expression through TikTok but also in the platform’s current editorial practices and content curation.
Lawsuit Seeks to Declare Forced Divestment Law Unconstitutional
The case, filed in the federal Court of Appeals in DC, which has exclusive jurisdiction over challenges to the forced divestment law, aims to have the law declared unconstitutional and prevent its enforcement. The creators will need to convince the court that the unique characteristics and cultural significance of TikTok should take precedence over the national security concerns that prompted lawmakers to pass the bill.
These characteristics—intrinsic to the medium and derived from the system TikTok uses to curate content for each user — give TikTok a distinct culture and identity. Creating videos on TikTok (‘TikToks’) is thus its own form of expression, and content expressed through TikTok may convey a different meaning than content expressed elsewhere.
3 Comments
Fighting for the right to TikTok seems more dramatic than any video on the platform!
Who knew short videos could lead to suing the government, right?
Talk about taking “do it for the ‘Tok” to a whole new legal level!