TikTok Inc, the Chinese-owned app known for its popular short-video sharing service, has filed a lawsuit against the state of Montana challenging its recent ban on the use of the platform. Montana became the first state to bar TikTok, prompting the company to argue that the ban, set to take effect on January 1, violates the First Amendment rights of both the company and its users.
The lawsuit, filed in the U.S. District Court in Montana, also asserts that the ban is pre-empted by federal law as it encroaches upon matters of exclusive federal concern. TikTok further contends that the ban violates the Commerce Clause of the U.S. Constitution, which restricts the authority of states to enact legislation that excessively burdens interstate and foreign commerce.
Owned by China’s ByteDance and boasting over 150 million American users, TikTok has faced mounting pressure from U.S. lawmakers and state officials who express concerns about potential Chinese government influence over the platform. The state of Montana could impose fines of $10,000 for each TikTok violation, along with additional fines of $10,000 per day for continued violations. Notably, the law does not penalize individual TikTok users. However, it remains uncertain how Montana would effectively enforce a TikTok ban.
This legal clash echoes earlier attempts by former President Donald Trump in 2020 to prohibit new downloads of TikTok and the Chinese-owned messaging app WeChat, which is a subsidiary of Tencent. The proposed bans would have effectively prevented U.S. citizens from using these apps. However, multiple court decisions halted the implementation of these bans.
Mark Warner, the Chair of the Senate Intelligence Committee, emphasized the significance of passing legislation that would grant the president new powers to ban or impose restrictions on TikTok and other foreign-owned apps. Warner pointed to the likelihood of federal courts overturning Montana’s ban, thereby underscoring the need for additional measures.
According to TikTok, the company has not shared and will not share U.S. user data with the Chinese government. It asserts that it has implemented substantial measures to safeguard the privacy and security of TikTok users.
Five TikTok users in Montana recently filed a lawsuit in federal court seeking an injunction to block the state’s ban. The lawsuit initiated by TikTok specifically names Montana Attorney General Austin Knudsen, who is responsible for enforcing the law. Knudsen’s office has yet to respond to requests for comment regarding the lawsuit.
In response to the legal action taken by TikTok, Emily Flower, a spokesperson for Attorney General Knudsen, expressed the state’s readiness to face such challenges. Flower stated, “We expected legal challenges and are fully prepared to defend the law that helps protect Montanans’ privacy and security.”
The outcome of this lawsuit will have significant implications for TikTok and the broader landscape of app regulations and the balance between privacy concerns and national security. As the legal battle unfolds, both TikTok and the state of Montana await a resolution that will shape the future of app usage within the state and potentially set precedents for similar cases nationwide.