TikTok Creators Challenge Biden’s Divestment Law In Court, Argue Platform Gives ‘A Unique And Irreplaceable Means To Express’

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A group of TikTok creators has filed a lawsuit against the U.S. government, contesting a law signed by President Joe Biden that mandates the divestment of the popular video-sharing app or a complete ban.

What Happened: The lawsuit, filed on Tuesday in a U.S. federal court, is a response to the law that requires the Chinese-owned app to be sold or face a ban, Reuters reported on Wednesday. The law, signed by Biden on Apr. 24, gives the parent company ByteDance until Jan. 19 to comply.

The creators, represented by the law firm Davis Wright Tremaine LLP, argue that the app is an essential platform for their expression and community-building. The law is seen as a threat to free speech and a potential shutdown of a significant medium of communication.

“Although they come from different places, professions, walks of life, and political persuasions, they are united in their view that TikTok provides them a unique and irreplaceable means to express themselves and form community,” the lawsuit said.

The lawsuit also highlights the creators’ diverse backgrounds, professions, and political views, emphasizing their collective belief in TikTok’s unique role in American life.

Why It Matters: The platform has been at the center of a geopolitical tug-of-war, with the U.S. government raising concerns over national security due to ByteDance’s ties to China. TikTok’s CEO Shou Zi Chew has been vocal, stating in a video that the company will not back down without a fight.

The situation escalated when ByteDance considered shutting down the app rather than selling it.

The courts are now faced with a pivotal decision, as they must weigh the national security concerns against the freedom of expression. With nearly 170 million users in the U.S., the outcome of this legal battle will have far-reaching implications for digital platforms and user rights.