On Wednesday, April 6th, Montana Governor Greg Gianforte signed a bill into law banning TikTok, a popular Chinese-owned video-sharing app, from state devices. TikTok is objecting to the ban and may even consider legal action. Five TikTok creators have already filed a lawsuit against the State of Montana, alleging that the ban violates their constitutional rights.
The plaintiffs argue that the ban violates their First Amendment right to free speech, stating that Montana has no authority to enact laws furthering the US’s foreign policy or security interests. The lawsuit asserts that Montana officials cannot lawfully prohibit residents from accessing or posting to TikTok, any more than they can ban a publication such as the Wall Street Journal.
The app is owned by Chinese company ByteDance and has been the focus of calls by US lawmakers to ban it countrywide over concerns that the platform could be used for Chinese government surveillance. However, similar federal legislation introduced last year failed due to legal challenges.
TikTok spokesperson Brooke Oberwetter argued that the Montana ban infringes First Amendment rights, and the company would keep working to defend the rights of its users. Many are also arguing that Montana must demonstrate significant and unaddressable privacy and security concerns to justify the ban fully.
Montana Attorney General, Austin Knudsen, expects legal challenges to the ban and anticipates that the state might need federal courts to provide answers to the issues involved. The lawsuit already filed marks the first lawsuit challenging a statewide ban seeking to prohibit TikTok from operating in the state and to block downloads of TikTok on personal devices.
The lawsuit’s implications extend beyond Montana’s borders, given the platform’s popularity, used by over 150 million Americans. This lawsuit will undoubtedly pave the way for other legal battles as the issue of the app’s privacy and security concerns continues to be a topic of interest among policymakers and lawmakers.
In conclusion, the ban on TikTok by Montana has sparked a legal battle whose outcome could set a precedent for other states. The Chinese-owned app TikTok has been at the center of privacy and security concerns over fears that the platform could be used for Chinese government surveillance. Nevertheless, banning the app from state devices without significant and unaddressable privacy and security concerns raises several constitutional questions, which this lawsuit will seek to address.
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