Montana TikTok users file lawsuit challenging ban

A group of TikTok creators has filed a lawsuit to block recently signed legislation that bans the app from operating in Montana. lawsuit, filed last night and announced todayallege that Montana’s SB 419 is unconstitutional and an overly broad violation of their right to free speech.

“Montana has no authority to legislate what it believes should be the foreign policy or national security interests of the United States, nor can Montana ban an entire platform for communications based on its beliefs that some speech shared through that platform, although protected by the First Amendment, is dangerous,” suit says, filed by the law firm Davis Wright Tremaine. “Montana can no more restrict its residents from viewing or posting on TikTok than it can ban wall street journal Because who owns it or what ideas it publishes.

Davis Wright Tremaine was behind a similar lawsuit filed by TikTok users in 2020 following an executive order by then-President Donald Trump to ban the ByteDance-owned app. Trump, like the Montana lawmakers, claimed that Chinese ownership of TikTok made it a threat to national security. firm successfully secured a temporary stop to the order – which was later rescinded by incoming President Joe Biden.

This week’s lawsuit attacks the Montana law on several fronts. It argues that Montana is depriving state residents of a platform to share and receive speech in violation of their First Amendment rights. It also argues that SB 419 violates the Commerce Clause by effectively restricting interstate commerce. And it says the law is exempted by federal sanctions powers.

The suit defends TikTok as a way to learn about current affairs, promote local businesses, and “showcase the natural beauty” of Montana, offering a rebuttal to SB 419’s claims that the app encourages dangerous stunts. does and promotes inappropriate content. Its plaintiffs include the owner of a small Montana-based swimwear business that has amassed a following on TikTok, as well as a US Marine Corps veteran, a college student, a rancher and a comedian, all of whom share videos and earn money App.

Extends restricting app access on a state-by-state basis multiple logic problems For TikTok, the mobile app store and users. SB 419 says that TikTok “may not operate” within the state of Montana and that storefronts such as the iOS App Store and Google Play Store cannot offer it at risk of fines for downloading it. (Users will not be penalized for accessing TikTok.) As noted in the lawsuit by Governor Greg Gianforte tried unsuccessfully to rewrite the bill To address concerns before signing it. The law would be declared void if TikTok is severed from Chinese ownership or federal lawmakers pass their own TikTok ban like the Restrictive Act. Otherwise, it is set to take effect in January of 2024 — unless this legal challenge, or a similar one, is successfully blocked.