TikTok Files Lawsuit Against Montana Over App Ban, Citing Violation of US Constitution

In a bold move, the popular short-form video app TikTok has filed a lawsuit against the state of Montana, challenging a recently enacted ban on the platform.

TikTok asserts that the prohibition imposed on the app violates various provisions of the US Constitution, including the First Amendment, as well as other federal legislation. 

The company contends that the ban infringes upon constitutionally protected rights such as freedom of speech and raises concerns regarding the legality of the state's actions in restricting access to the platform.

TikTok's complaint, filed in Montana District Court, seeks to invalidate and permanently halt the enforcement of the ban.

TikTok Ban Raises Concern To Citizens

Montana Governor Greg Gianforte signed the bill into law last week, which would effectively ban TikTok in the state starting in January 2024.

As per BBC, under the law, a hefty fine of $10,000 per day would be imposed on TikTok or app stores that make the platform available on personal devices within Montana. The ban stems from growing concerns over TikTok's ties to China through its parent company, ByteDance.

Numerous US officials have voiced concerns that TikTok could potentially serve as a means for the Chinese government to access and exploit American data for espionage activities, despite the absence of substantial evidence substantiating these allegations. 

This has prompted some federal lawmakers to call for a ban on the app. While other states have restricted TikTok's use on government devices, Montana's ban goes a step further.

ByteDance, the parent company of TikTok, has consistently refuted claims of being under the control of the Chinese government. The lawsuit filed against Montana further contends that the state has exceeded its jurisdiction by involving itself in matters related to user data and national security, which fall within the purview of the federal government.

TikTok's Allegations and Legal Battle Ahead

TikTok, in its complaint, asserts that the ban violates the constitutional right to free speech protected by the First Amendment. The company also disputes the claims that the Chinese government can access user data, deeming them unfounded.

According to TechCrunch, a TikTok spokesperson, Brooke Oberwetter, emphasized that the legal challenge is intended to protect the business and the hundreds of thousands of TikTok users in Montana.

Emily Flower, a spokesperson for Montana's Attorney General, responded to the lawsuit, stating that they were prepared to defend the law and safeguard the privacy and security of Montanans.

However, legal and technology experts point out that enforcing such a ban presents significant challenges, considering the practicalities of the internet and the app's widespread usage.

Read Also: New York City Public Schools Reverses ChatGPT Ban, Recognizing Potential Benefits of AI in Education

Hurdles and Potential Ramifications

Despite Montana's attempt to ban TikTok, it remains uncertain whether the law will hold up in court. The legal challenge initiated by TikTok underscores the obstacles that Montana and other lawmakers may encounter when attempting to restrict the platform in the United States, according to CNN.

Last week, a group of TikTok creators also sued Montana, asserting that the ban infringes upon their First Amendment rights. With a population of just over one million, Montana initially banned TikTok on government devices in December.

However, the ban set to take effect in January 2024 goes further, making it illegal for app stores to offer TikTok but allowing existing users to continue using the platform. It remains to be seen how the court will navigate the complex intersection of constitutional rights, cybersecurity concerns, and state regulations.

As TikTok takes a stand against Montana's app ban, the legal battle ahead will shed light on the delicate balance between security and freedom of expression in the digital age.

The outcome of this lawsuit will not only impact TikTok but also establish precedents that could affect the regulation of other social media platforms in the United States.

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