/cdn.vox-cdn.com/uploads/chorus_asset/file/24016885/STK093_Google_04.jpg)
/cdn.vox-cdn.com/uploads/chorus_asset/file/24808816/Starfield__The_Settled_Systems___Supra_Et_Ultra_____Starfield__The_Settled_Systems___Supra_Et_Ultra_2023_7_25_94252.263_1440p_streamshot.png)
A day after the governor of Montana signed the first statewide ban into law, the measure is already facing a legal challenge. five tiktok creators in an effort to prevent the ban from taking effect.
In court filings, lawyers representing TikTok creators say the ban is unconstitutional and violates their First Amendment rights. They also raise the issue of Montana’s alleged national security justification for the ban.
“Montana has no authority to legislate what it believes should be the foreign policy of the United States or its national security interests, nor can Montana ban an entire platform for communications, that platform Based on some of the speech shared via Twitter, although protected by the First Amendment is dangerous,” Suit. “Montana can no more restrict its residents from viewing or posting on TikTok than it can ban The Wall Street Journal because of who it is or the views it publishes.”
but in Fox NewsAustin Knudsen, Montana’s attorney general, said legal challenges to the ban were expected. “There are some important issues here that I think we probably need the federal courts to step in and answer here,” he said. “And that was part of our calculus in bringing it up.”
The lawsuit is one of the first legal challenges to the law, and will likely be closely watched as federal officials consider the app. Right now, the Montana ban is set to take effect January 1, 2024, though lawsuits challenging it could delay that timeline. TikTok itself hasn’t commented on whether it plans to bring its litigation to Montana, but said in a statement after signing the bill that it was determined to “protect the rights of our users inside and outside of Montana.” is planned.”
