Law peeps again: I'm hearing that TikTok itself plans to sue on free speech grounds. Can someone explain to me how they would have standing? This is not my area of expertise, but I was expecting there to be 1A lawsuits with TikTok users as plaintiffs, and then TikTok itself suing on different (economic?) grounds.
@cfiesler We'll see what the NetChoice cases hold, but TikTok should have standing as the creator of an expressive editorial product (like parade organizers or a newspaper choosing which letters to the editor to print). There's also caselaw to the effect that speakers and listeners have standing to raise each others’ First Amendment rights; that's part of the theory of commercial and corporate speech rights.
@jtlg Ahhhhh okay yes, that makes sense, thank you! In your opinion, would it be a better strategy though for there to be users as plaintiffs? (Or maybe we're just going to see both.)
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