TikTok has initiated legal action against Montana in response to the state’s recent decision to prohibit the use of the popular app owned by Chinese company ByteDance, marking the first state-level ban on the platform.
The lawsuit, submitted in the US District Court for Montana, contends that the forthcoming ban, scheduled to take effect on January 1, infringes on the First Amendment rights of both TikTok and its users. The company argues that the legislation is superseded by federal law, alleging it encroaches on matters reserved for federal jurisdiction and breaches the Commerce Clause of the US Constitution. This clause restricts states from enacting laws that place undue burdens on interstate and foreign commerce.
With over 150 million users in the United States, TikTok has faced mounting pressure from lawmakers and state officials advocating for a nationwide ban due to concerns regarding potential Chinese government influence on the app.
Should the ban be enforced, Montana could levy fines of $10,000 for each violation against TikTok, along with additional daily penalties of the same amount if the ban is not adhered to. Individual TikTok users would not face penalties under the law. The method of enforcing the ban remains uncertain.
Former President Donald Trump previously attempted to restrict new downloads of TikTok and WeChat, a messaging app owned by Tencent, in 2020. This effort was met with judicial resistance that ultimately blocked the implementation of the bans.
Senate Intelligence Committee Chair Mark Warner has expressed concerns about the feasibility of Montana’s ban surviving judicial scrutiny. He emphasized the urgency of passing legislation that would provide the president with enhanced authority to impose restrictions or prohibitions on TikTok and other foreign-owned applications.
TikTok estimates that it has several hundred thousand active users in Montana, where the population totals approximately 1.1 million residents.
The company asserts in its legal filing that it has never shared, nor would it share, user data from the US with the Chinese government, highlighting that substantial measures are in place to safeguard the privacy and security of its users.
In a related development, five TikTok users from Montana have already sought to block the state’s ban through their own federal lawsuit.
TikTok’s legal complaint names Austin Knudsen, the Montana Attorney General responsible for enforcement of the new law. Knudsen’s office did not immediately respond to inquiries on Monday regarding the lawsuit.
Emily Flower, a spokesperson for Knudsen, stated that the state is well-prepared for anticipated legal challenges. “We expected legal challenges and are fully prepared to stand behind the law that aims to protect the privacy and security of Montanans,” she remarked on Monday.
© Thomson Reuters 2023
