TikTok, the popular social media platform, has taken legal action against the state of Montana after Governor Greg Gianforte signed a law banning the app. In its complaint, TikTok argues that the ban is unconstitutional as it infringes on the company’s right to host and distribute user-created content.
The company also asserts that Montana is overstepping its authority by legislating matters of national security instead of deferring to federal regulators, which creates an undue burden on its interstate business operations.
TikTok is seeking an injunction from the court to halt Montana’s ban. If granted, this would allow the app to continue operating in the state while the legal issues are resolved.
In a statement to TechCrunch, TikTok spokesperson Brooke Oberwetter expressed confidence in the company’s legal challenge, citing strong precedents and facts. The lawsuit aims to protect TikTok’s business interests and the hundreds of thousands of TikTok users in Montana.
TikTok has been facing increased scrutiny and pressure in the United States, including from Congress and state legislatures. While restrictions on TikTok have already emerged in various government and educational settings, Montana’s complete ban on the app represents a significant escalation of these threats. However, the enforcement of a state-level ban on a specific app remains unclear.
Governor Gianforte, when signing the law, claimed that Montana’s action was the most decisive step taken by any state to safeguard private data and sensitive personal information from alleged Chinese Communist Party data harvesting. These claims about TikTok sharing data with the Chinese government are unsubstantiated.
Last week, five TikTok creators also filed their own lawsuit against the state, contending that the ban violates their First Amendment rights. They argue that the law overly restricts and bans the protected speech of all TikTok users in Montana based on speculative and unsubstantiated concerns about potential Chinese government spying.
The legal battle between TikTok and Montana will determine the fate of the app’s availability in the state and could have broader implications for the regulation of social media platforms.
