TikTok has taken legal action against Montana after the state banned the popular video app, making it the first state to do so, citing national security concerns. In response, TikTok has filed a lawsuit in U.S. District Court for the District of Montana claiming the legislation is unconstitutional because it violates the First Amendment and limits state powers. The lawsuit has escalated TikTok’s efforts to prevent the looming prohibition.
TikTok’s lawsuit was filed a few days after Montana Governor Greg Gianforte had approved the bill into law. The law is set to become effective from the 1st of January 2022.
TikTok accused Montana of having no legal authority to introduce the ban, as it would regulate commerce between states, which is not a state but a federal law. TikTok also charges the legislation violates constitutional provisions that prohibit the targeting of individuals or specific groups for punishment.
Emily Flower, a spokeswoman for Montana Attorney General, Austin Knudsen, responded to the lawsuit, claiming that the state’s bill helped protect the privacy and security of Montanans from the Chinese government by preventing it from acquiring personal information of Montanans. The Montana legislation is similar to those introduced by more than two dozen states, banning the use of TikTok on government devices.
TikTok’s legal action joins a group of other legal challenges to the legislation. A group of TikTok users filed a separate suit arguing that the ban would violate their First Amendment right and overstep the state’s legal authority. Civil liberty and digital rights groups, including the American Civil Liberties Union, also expressed concern over the ban.
Furthermore, the new Montana law could be tough to enforce, even without any judicial interference. Some TikTok users could still use the app by masking their location using a virtual private network software, while Montana border residents could receive internet access through cell towers located in other states.
TikTok has over 150 million US users and has been pending for approval following the Biden administration.
The Montana legislature that introduced the bill claimed that the move was to prevent or stop the Chinese government from gaining access to the personal information of Montana inhabitants. The state has been wary, especially since a Chinese spy balloon floated over the state and became a significant headline.
TikTok, Apple, and Google could face daily fines of $10,000 if they allow Montanans to download the app.
The litigation process could take a couple of months to resolve. The ban’s delayed enforcement means there is no immediate urgency for the courts to react promptly.
TikTok previously had to resort to legal action in 2020 when former President Donald Trump used his executive powers to call for a ban of the app, which eventually paid off when a judge ruled in the company’s favor.
Finally, several countries such as India, Britain, Canada and France have banned the use of TikTok in certain spheres close to the government or state-owned devices.
