Montana’s new statewide ban on TikTok is facing legal action from a group of TikTok users who allege that the law signed by Governor Greg Gianforte violates the First Amendment.
The new ban seeks to prohibit TikTok from operating within the state and prevent individuals from downloading the app onto personal devices.
However, the ban does not impose penalties on individual TikTok users.
It is currently slated to take effect in January but its fate now rests in the hands of the court.
Filed just hours after the governor’s signature, the complaint argues that Montana lacks the authority to prevent its residents from accessing and engaging in lawful speech on the platform.
The lawsuit, brought by five TikTok creators including a small swimwear business, a rancher, and a former Marine sergeant, likens TikTok to other forms of media, asserting that banning it would be akin to prohibiting access to the Wall Street Journal based on ownership or published ideas.
In addition to asserting First Amendment violations, the complaint argues that Montana’s ban infringes upon various other rights of TikTok users without due process, thereby violating the Fourteenth Amendment.
Furthermore, it contends that the ban conflicts with federal authority in setting foreign policy and regulating interstate commerce, while also undermining the federal government’s powers under the International Emergency Economic Powers Act.
This legal challenge marks the first of its kind against a controversial ban that extends beyond the restrictions imposed by Montana and other states to prohibit TikTok solely on official government devices.
While TikTok has consistently refuted any claims of data sharing with the Chinese government, affirming that it has never done so and would not comply with such a request, the company’s stance continues to be met with scepticism.
