“They aren’t the publishers.”
Yes the users are. TikTok is just a public platform/soapbox where users can go post/publish their own personal material. Just like us here...
Did the FR just publish that reply to me? No you did. They only supplied the means to do so. “Post” = Publish. In fact on our forum the post button actually says “Publish”. Same at a lot of platforms.
To be the publishers, we would need our own websites, just like we would need our own printing presses if we started a newspaper. Like other publishers, FR prints a disclaimer about opinions and does not claim copyright over what's published. But it's still legally the publisher.
All I am saying is that US publishers are covered by the Bill of Rights. TikTok is not.