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TikTok vs. Montana 🤼♂️
Will freedom of speech outweigh states' rights?
TOGETHER WITH
It's Wednesday and fans of Aquaman and What We Do in the Shadows are in for a treat—because the film adaptation of Minecraft will reportedly feature both Jason Mamoa and Matt Berry.
MONTANA V. TIKTOK
TikTok is coming for Montana’s ban. Can the state’s new law survive legal action?
On May 17, Montana passed a TikTok ban allowing lawmakers to restrict apps with strong ties to foreign adversaries like China and Russia. The enforcement of that law depends on penalties aimed at digital marketplaces: starting next January, Apple and Google will be mandated to remove TikTok from their respective Stores in Montana or face fines of $10,000 per day.
“Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.”
One week after the ban’s passage, Montana is already facing two separate lawsuits.
The first lawsuit comes from a group of five creators, who are arguing that the First Amendment protects their right to express themselves on TikTok—especially considering the effect a ban would have on their livelihoods. Those plaintiffs have offered plenty of evidence for the latter argument: creator Carly Goddard said that she’s tripled her family’s earnings through short-form videos. Metalworker and veteran Rick Baker estimated that TikTok is responsible for about 60% of his income.
TikTok’s own lawsuit similarly challenges the constitutionality of Montana’s new law, but adds the argument that the state has overstepped by enacting its own ban instead of waiting for Congress. On those grounds, the app is seeking an injunction that would prevent the state’s ban from going into effect altogether.
TikTok spokesperson Brooke Oberwetter confirmed those intentions in a recent statement to TechCrunch:
“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana. We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.”
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Sam Paige is a plus size model and Forever 21 ambassador who rose to fame thanks to her on-point dance and lip sync TikTok videos (and, of course, her impeccable sense of style).
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HEADLINES IN BRIEF 📰
Virtual reality platform VRChat is introducing creator monetization through a closed beta with 10-20 U.S.-based creators. (Tubefilter)
Netflix has begun informing U.S.-based users that they’ll need to cough up $7.99 per month in order to share their accounts with viewers outside their households. (Ars Technica)
According to TikTok head of global gaming Assaf Sagy, gaming content on the app garnered more than 3 trillion views in 2022. (Venture Beat)
Spotify is reportedly looking to shake up podcast episodes with ads read by AI voices. (Gizmodo)
DATA • STREAMERS ON THE RISE 📈
For this streamer’s “live studio audience,” everything is a simulation
When Twitch first took off, the platform was pretty games-centric. But while most creators entertained fans by playing fast-paced, combat-based titles like League of Legends, DrGluon decided to take a different approach.
His channel was all about The Sims.
That focus differentiated DrGluon from other early streamers, but he needed a more aggressive strategy to increase his visibility. His solution: the creator began treating his Twitch viewers as a “live studio audience.” In order to encourage users from other platforms to check out his channel, DrGluon started recording full YouTube videos while live on stream. It was a genius strategy: nearly 10 years later, YouTube—and its crowd of Sims enthusiasts—has been instrumental in pushing DrGluon’s channel to over 100,000 followers on Twitch.
That rise in viewership hasn’t been the only benefit of DrGluon’s cross-platform strategy. The Sims streamer has also launched his own merch line, and frequently raises money for organizations like the American Heart Association through charity streams. He also runs two YouTube channels, both of which now claim thousands of subscribers.
At the end of the day, DrGluon says those aspects of streaming have changed his life in a big way—and not just because they’ve completely “destroyed” his “sleep schedule”:
“As for how it’s changed my life, it’s great to be able to use my creativity in this way, and I wouldn’t want any other way.”
NEVER SAY UNCLE
Nigel Ng might be banned on Chinese social media, but Uncle Roger isn’t going anywhere
TikTokers aren’t the only creators fighting for their rights to free speech. Malaysian comedian Nigel Ng—aka the creator of the YouTube-famous Uncle Roger character—has been suspended on several Chinese social media platforms after sharing a clip from his upcoming Haiyaa Special.
That show includes jokes from Ng’s 2022 comedy tour, which brought Uncle Roger to 18 cities across the U.S. and Canada. The creator’s edgy takes on Chinese censorship were a hit with audience members last year—but Chinese social media platforms have been significantly less receptive to Ng’s sense of humor.
Shortly after the new trailer for Haiyaa Special went viral, Ng’s accounts on Chinese social services Bilibili and Weibo were suspended. A message on Ng’s Weibo page claims the Uncle Roger creator was punished “due to the violation of relevant laws and regulations.”
The comedian’s response was characteristically straightforward:
“Uncle Roger always talks s**t about everybody. It doesn’t matter if you’re BBC, CCP, orJamie Oliver. If you find this clip funny, and you support free speech, go buy the Haiyaa Special.”
Fans looking to support Ng’s show will need to act fast. A VOD version of Haiyaa Special will be available for $15 through digital events platform Moment starting June 4—the anniversary of the 1989 Tiananmen Square protests—but will be “gone forever” after June 18.
WATCH THIS 📺
Another friendly neighborhood Spider-Man is swinging his way into Fortnite
Two new Spider-Man skins are coming to Fortnite: Miles Morales and Spider-Man 2099. That update—which also includes the return of fan-favorite web slingers—should serve as a welcome distraction for fans eagerly awaiting the release of Across the Spiderverse (Part One) on June 2.
For a look at the game’s new skins, check out Fortnite’s announcement video here.
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Today's newsletter is from: Emily Burton, Sam Gutelle, and Josh Cohen. Drew Baldwin helped edit, too. It's a team effort.