Technology
The app owned by China-based ByteDance filed a legal challenge to Montana’s law banning the social media platform in the state.
Adam Botkin, a football TikTok influencer, edits a video for a post in Missoula, Mont., on May 3, 2023. | Tommy Martino/AP Photo
By Rebecca Kern
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TikTok on Monday sued to block Montana’s new law banning downloads of the social media video app, claiming it violates the company’s First Amendment protections.
The lawsuit comes just days after Montana Gov. Greg Gianforte signed the law on May 17 to ban app stores from offering TikTok in Montana starting Jan. 1, 2024. Gianforte said the law protects citizens from foreign influence by the Chinese Communist Party since TikTok is owned by Beijing-based ByteDance. App stores continuing to offer the app after that Jan. 1 deadline will face penalties starting at $10,000.
TikTok filed the complaint in the U.S. District Court for the District of Montana, with a company spokesperson saying, “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.”
TikTok is represented by Covington & Burling, the same firm that represented the company in its previous lawsuit that successfully stopped the Trump administration’s attempt to ban the app nationwide in 2020. In that case, a judge ruled the president exceeded his authority to use emergency economic powers to block the app.
The complaint alleges the Montana law violates the company’s constitutionally protected rights to disseminate and promote third-party speech. It also claims that the ban is preempted by federal law as foreign affairs and national security are exclusively matters controlled by the federal government. Additionally, it says the law violates the Commerce Clause in the U.S. Constitution, which bans states from enacting laws that unduly burden interstate and foreign commerce. Lastly, the complaint claims Montana’s law illegally singles out TikTok for punitive measures.
TikTok wants the court to invalidate the law and block the state from enforcing it.
The lawsuit comes on the heels of another legal challenge filed by five TikTok influencers the same day Gianforte signed the bill.
While Montana, with a population of 1.1 million, is the first state to fully ban the app that has approximately 150 million monthly users in America, the concerns around TikTok’s alleged national security threats has led to more than 30 states banning its use on government-issued devices. Congress has multiple bills ranging from a nationwide TikTok ban to legislation empowering the executive branch to restrict TikTok and other apps from foreign adversaries. Yet Congress has failed to act in recent weeks after Republicans and progressive Democrats alike came out against a ban.
The Montana governor’s office did not immediately respond for comment.
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