TikTok Creators Sue Montana Over App Ban
A group of TikTok users has filed a lawsuit seeking to overturn Montana’s recently enacted ban on the app, arguing that it violates the First Amendment.
The complaint was filed shortly after Governor Greg Gianforte signed the ban into law, and it contends that the state does not have the authority to restrict access to TikTok or impede lawful speech.
The lawsuit, filed in the US District Court for the District of Montana, compares TikTok to other forms of media and asserts that banning residents from accessing or posting on the platform is akin to banning publications like the Wall Street Journal based on ownership or published ideas.
The plaintiffs include five TikTok creators, including a small swimwear business, a rancher, and a former Marine sergeant.
This legal challenge may be the first to contest a ban of this nature, which goes beyond the restrictions already imposed by Montana and other states prohibiting TikTok on government devices.
The new ban seeks to prevent TikTok from operating within the state and restricts downloads of the app on personal devices. However, individuals would not face penalties for using TikTok. The ban is currently scheduled to go into effect in January.
Governor Gianforte’s spokesperson did not immediately respond to a request for comment. Emily Flower, a spokeswoman for Montana Attorney General Austin Knudsen, stated that they anticipated a legal challenge and are prepared to defend the law.
In addition to the First Amendment claims, the lawsuit argues that Montana’s ban violates the due process rights of TikTok users under the Fourteenth Amendment.
It also contends that the ban infringes upon federal authority regarding foreign policy and interstate commerce. Furthermore, it suggests that the ban undermines the powers granted to the federal government by the International Emergency Economic Powers Act.
