TikTok US Ban: Video sharing app fights back, sues Montana’s unconstitutional ban

TikTok has initiated legal action against the state of Montana, contesting the recently implemented prohibition on the Chinese-owned short-video app. TikTok, which is owned by ByteDance, argues that the ban, scheduled to commence on January 1, violates the First Amendment rights of both the company and its users.

The lawsuit was filed in the US District Court in Montana and further contends that the ban goes against federal law, as it encroaches upon matters exclusively under federal jurisdiction and violates the Commerce Clause of the US Constitution. The Commerce Clause restricts states from enacting legislation that excessively burdens interstate and foreign commerce.

Montana violated First Amendment argues TikTok
Montana is the first US state to make an attempt at banning TikTok. Former President Donald Trump previously attempted to prevent new downloads of TikTok, as well as transactions involving the Chinese-owned app WeChat, but court decisions halted the enforcement of those bans.

Also read: TikTok’s Fall: Montana is the first US state to completely ban video sharing app, others to follow suit

TikTok argues in its lawsuit that the state’s ban specifically targets TikTok for punitive reasons, as evidenced by Montana’s decision to single out the company for severe penalties based on speculative concerns regarding data security and content moderation practices.

TikTok is urging people to sue Montana and the order revised
In a separate case, five TikTok users from Montana who create content for the app filed a lawsuit in federal court seeking to prevent the state’s ban from being implemented.

Also read: Montana bans TikTok: But can the US state enforce the law?

Montana Governor Greg Gianforte signed the legislation to ban TikTok in the state, making it illegal for the app to operate within Montana and for the app stores of Google’s Alphabet Inc and Apple Inc to offer TikTok in the state. TikTok’s lawsuit names Montana Attorney General Austin Knudsen, who is responsible for enforcing the law.

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