Five TikTok users residing in Montana have filed a lawsuit in federal court to block the state’s recently enacted ban on the popular short-video app. The ban, signed into law by Montana Governor Greg Gianforte, is set to go into effect on January 1st. However, the plaintiffs are seeking an injunction to prevent the law from being enforced. The legislation makes it illegal for the app stores of technology giants Google and Apple to offer TikTok within the state.
The lawsuit, filed late on Wednesday in U.S. District Court in Montana, names the state’s attorney general, Austin Knudsen, who is responsible for enforcing the ban. The TikTok users argue that the state is overstepping its authority by attempting to control national security matters beyond Montana’s jurisdiction. They contend that the law infringes upon their First Amendment rights, as they believe it restricts their freedom of speech.
In the lawsuit, the plaintiffs assert, “Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes.” They argue that the ban is an unconstitutional restriction on their access to the platform and their ability to express themselves.
Emily Flower, a spokeswoman for Attorney General Knudsen, stated that the state was prepared for legal challenges and fully ready to defend the law. The legal battle is expected to unfold in the coming months as both sides present their arguments before the court.
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TikTok, owned by China’s ByteDance, has faced mounting scrutiny from U.S. lawmakers and officials concerned about potential Chinese government influence and data security risks associated with the platform. These concerns have led to calls for a nationwide ban on TikTok.
The five plaintiffs in the Montana lawsuit are all residents of the state, each with unique connections to TikTok. They include a sustainable swimwear designer who utilizes the platform to promote her business and engage with customers, a former U.S. Marine Corps sergeant who uses TikTok to connect with fellow veterans, a rancher who shares content about outdoor adventures, a student studying applied human physiology who documents outdoor experiences, and an individual who shares comedic videos on TikTok and generates revenue from his content.
In response to the ban, TikTok swiftly voiced its opposition, asserting that it infringes on the First Amendment rights of Montanans by unlawfully prohibiting access to the platform. The company pledged to continue its efforts to defend the rights of its users both inside and outside of Montana.
Governor Gianforte, a Republican, defended the ban, characterizing TikTok as a “Chinese Communist Party spying tool” that poses a threat to the privacy and security of Montana residents. However, TikTok has consistently denied sharing user data with the Chinese government, emphasizing its commitment to data privacy and security.
The lawsuit has been assigned to Judge Donald Molloy, who was appointed by Democratic President Bill Clinton in 1995. It remains to be seen how the court will ultimately rule on the legality of the ban and the arguments put forth by both the TikTok users and the state of Montana.
If the ban is enforced, TikTok could face fines for each violation, with additional daily fines of $10,000 imposed for continued non-compliance. It’s worth noting that a previous attempt by former President Donald Trump to ban new downloads of TikTok through a Commerce Department order in 2020 was blocked by multiple courts and never went into effect.
As the legal proceedings unfold, the outcome of this case will likely have broader implications for the regulation of social media platforms and the extent to which states can restrict access to these platforms based on national security concerns.