Global Courant 2023-05-23 02:38:11
The lawsuit argues that the state’s ban singles out the short video app and undermines freedom of speech.
The TikTok video app has filed a lawsuit against the government of Montana in the northwestern United States after the state passed a law on Wednesday effectively banning the app within its borders.
In a complaint filed Monday in US District Court in Montana, TikTok pledged to fight what it characterized as an illegal attempt to restrict its use.
“We challenge Montana’s unconstitutional TikTok ban to protect our company and the hundreds of thousands of TikTok users in Montana,” the social media company said in the lawsuit.
The complaint alleges that the ban “restricts free speech in violation of the First Amendment,” as well as other constitutional protections.
While numerous US states and federal agencies have restricted or banned access to TikTok on government devices — based on claims that data from the platform could be used by the Chinese government for surveillance — Montana law goes further and completely bans the app from the state.
The ban would go into effect January 1 and would ban TikTok from operating in Montana and ban app stores from offering TikTok as a download, with fines for violators.
TikTok has countered that such privacy concerns are overstated and that it has never been asked to hand over user data to the Chinese government. Others have pointed out that the US itself is enlisting tech companies with global reach to monitor.
Rights groups such as the American Civil Liberties Union (ACLU) have also questioned the constitutionality of the ban and pushed for evidence that the app poses a threat to national security.
“With this ban, Governor (Greg) Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montana residents who use the app to express themselves, gather information, and run their small business in the name of anti- Chinese sentiments. Keegan Medrano, policy director for the ACLU’s Montana chapter, said in a rack on Wednesday.
BREAKING: The governor of Montana just signed into law banning TikTok for anyone in the state, violating the freedom of speech of hundreds of thousands of people in Montana who use the app.
If the courts do nothing, the ban will take effect on January 1, 2024.
— ACLU (@ACLU) May 17, 2023
Five TikTok users in the state also filed a lawsuit last week in an effort to have the law blocked before it takes effect.
“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” their complaint read.
Emily Flower, a spokesman for the Montana Department of Justice, said the state had anticipated legal challenges and was “fully prepared to defend the law,” according to the Associated Press.
