Montana's TikTok Ban Faces Legal Challenge from Group of Creators, Citing First Amendment Violation

Montana TikTok First Amendment violation

By E.Baloyo , Parent Herald May 19, 07:24 am

Photo: (Photo : BRENDAN SMIALOWSKI / Getty Images)

A group of TikTok creators in Montana has filed a lawsuit against the state's newly implemented ban on the popular video-sharing app.

The legal challenge argues that the ban, signed into law by Governor Greg Gianforte, violates the First Amendment rights of Montana residents.

The lawsuit marks a significant development in the ongoing debate surrounding TikTok's presence in the United States and the extent to which state governments can regulate social media platforms.

Lawsuit Filed in Response to Montana's TikTok Ban

According to Barron's, hours after Governor Gianforte signed the law banning TikTok, a complaint was filed in the US District Court for the District of Montana by a group of five TikTok creators.

The plaintiffs, including a small swimwear business, a rancher, and a former Marine sergeant, contend that the ban infringes upon their right to freedom of speech protected by the First Amendment.

The lawsuit draws a comparison between TikTok and other forms of media, arguing that the state lacks the authority to prevent Montanans from accessing and engaging in lawful speech on the platform.

By equating the ban to a hypothetical prohibition on accessing a newspaper such as the Wall Street Journal based on ownership or published ideas, the plaintiffs challenge the constitutionality of Montana's actions.

Allegations of Constitutional Violations and Federal Conflicts

In addition to the First Amendment claims, the lawsuit asserts that Montana's ban on TikTok deprives users of various other rights without due process, thereby violating the Fourteenth Amendment, CNN reported.

It further alleges that the ban conflicts with federal authority over foreign policy and interstate commerce regulation, potentially undercutting the powers bestowed upon the federal government under the International Emergency Economic Powers Act.

The legal challenge argues that the ban's reach extends beyond the restrictions imposed by other states, as it aims to prohibit TikTok's operations within Montana while also blocking downloads of the app on personal devices.

Notably, the ban does not penalize individuals for using TikTok, but its broad scope raises concerns about the suppression of online expression and the limitations placed on Montanans' access to a popular social media platform.

Battle over TikTok and National Security Concerns

Forbes reported that the ban on TikTok in Montana reflects the larger national debate surrounding the app's security and privacy risks due to its Chinese-owned parent company, ByteDance, and its alleged connections to China's communist government.

While TikTok has consistently maintained that it operates independently and has not received orders to spy on Americans, concerns expressed by both Republicans and Democrats have fueled discussions of potential bans at the federal and state levels.

However, the ban has faced opposition from a significant number of TikTok creators and users across the United States, primarily composed of younger Americans.

With over 150 million users in the country, TikTok has become a platform for creativity, entertainment, and self-expression.

The outcome of this legal challenge could have implications not only for Montana but also for other states grappling with the regulation of social media platforms and the protection of individual freedoms in the digital age.

In the midst of this legal battle, the clash between state authority, national security concerns, and the First Amendment rights of TikTok users highlights the complex landscape surrounding social media platforms and the ongoing need to strike a balance between security measures and safeguarding fundamental freedoms.