In a significant legal move, five TikTok content creators from Montana have filed a lawsuit in federal court aimed at stopping the enforcement of a newly enacted ban on the popular app.
Montana Governor Greg Gianforte officially signed the legislation on Wednesday, with the ban set to take effect on January 1. The law prohibits app stores operated by Google and Apple from offering TikTok within the state’s borders.
The lawsuit, lodged in the U.S. District Court for Montana on Wednesday evening, names state Attorney General Austin Knudsen, who will be responsible for enforcing the ban.
In their complaint, the TikTok users assert that the law oversteps Montana’s authority by attempting to exert powers related to national security and stifling speech that cannot be legally suppressed. They claim the legislation infringes upon their First Amendment rights.
“Montana cannot prevent its residents from using TikTok any more than it could ban the Wall Street Journal based on its ownership or the viewpoints it expresses,” the lawsuit contends.
Emily Flower, a spokesperson for Attorney General Knudsen, remarked that the state anticipated legal challenges and is prepared to uphold the new law. “We expected a legal challenge and are fully prepared to defend the law,” she stated.
TikTok, owned by the Chinese company ByteDance, has come under intensified scrutiny from lawmakers and state officials across the U.S., who are concerned about potential interference from the Chinese government.
The plaintiffs in the lawsuit, all residents of Montana, include a sustainable swimwear designer who utilizes TikTok for marketing, a former Marine connecting with fellow veterans, a rancher sharing her outdoor experiences, a student studying applied human physiology, and an individual generating humorous content for financial gain.
Following the law’s signing, Attorney General Knudsen, also a Republican, characterized TikTok as “a Chinese Communist Party spying tool that poses a threat to every Montanan.”
In response to the legislation, TikTok stated that the ban “infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok,” affirming its commitment to advocate for its users’ rights both within and beyond state lines.
Governor Gianforte emphasized that the bill aims to enhance protections for residents against surveillance by the Chinese Communist Party.
TikTok has consistently denied any allegations of sharing user data with the Chinese government, asserting that it would refuse such requests if made.
The case has been assigned to Judge Donald Molloy, who was appointed by former President Bill Clinton in 1995.
With a population of just over one million, Montana has indicated that TikTok could incur substantial fines for each violation, including an additional penalty of $10,000 per day for any breaches of the ban.
This action follows a previous attempt by former President Donald Trump to prohibit new downloads of TikTok and WeChat in 2020, which was ultimately halted by various courts and never went into effect.
© Thomson Reuters 2023
