TikTok Files Lawsuit Against Montana Following Ban

TikTok has filed a lawsuit in a US federal court to prevent the state of Montana from enforcing a comprehensive ban on the video-sharing app. The ban, scheduled to begin in 2024, is argued by TikTok to violate constitutionally protected free speech rights, according to the lawsuit.

A TikTok spokesperson told AFP, “We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.” Montana Governor Greg Gianforte signed the unprecedented ban into law on May 17, citing the need to protect Montanans’ personal and private data from the Chinese Communist Party.

TikTok contends in its lawsuit that the state has implemented these extraordinary measures based on unfounded speculation. Last week, five TikTok users also filed a separate lawsuit, urging a federal court to overturn Montana’s app ban on the grounds that it infringes upon their freedom of speech.

Both lawsuits argue that the state is attempting to exercise national security powers that are reserved for the federal government and, in doing so, violating free speech rights. TikTok is seeking a declaration from the federal court that Montana’s ban is unconstitutional and a permanent injunction to prevent its implementation.

The lawsuit filed by TikTok users states, “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.”

TikTok, owned by Chinese firm ByteDance, has faced accusations from various US politicians of being under the influence of the Chinese government and being a tool for Beijing’s espionage, allegations that the company vehemently denies.

Montana became the first US state to enact a ban on TikTok, with the law set to come into effect next year. The ban serves as a legal test for a potential nationwide ban on the platform, an idea gaining traction among lawmakers in Washington.

The Montana ban makes it a violation to access or download TikTok, with each offense subject to a $10,000 fine per day. The law requires Apple and Google to remove the app from their app stores, and companies may face daily fines for non-compliance.

However, the ban will be rendered void if TikTok is acquired by a company incorporated in a country not designated as a foreign adversary by the United States, as stated in the law.

This latest legal development marks another clash between TikTok and several Western governments, with the app already banned on government devices in the United States, Canada, and several European countries.