TikTok has filed a lawsuit against Montana, alleging that the state’s ban on the app violates the First Amendment and other federal laws. The ban is set to take effect on January 1, 2024.
In its motion filed on Tuesday, TikTok requested a preliminary injunction to block the ban. The company argued that the ban would cause irreparable harm to TikTok and its users in Montana.
One of TikTok’s arguments is that the ban is unconstitutional because it discriminates against the app based on its Chinese ownership. The company contends that there is no evidence to support claims that TikTok poses a national security threat, deeming the ban as fear-mongering speculation.
A hearing on TikTok’s motion is scheduled for July 11.
The Montana ban marks the first state law that outright bans TikTok. While other states have restricted its use on government devices, Montana’s ban applies to all users.
Privacy experts have criticized the ban, viewing it as an overreach of government power. However, there are also supporters who argue that the ban is necessary to safeguard national security.
The outcome of TikTok’s lawsuit could have far-reaching implications for other states considering similar bans. If the judge blocks the Montana ban, it could hinder other states from passing comparable laws.
Conversely, if the judge upholds the ban, it could establish a precedent for other states to follow. Both TikTok and the government will closely monitor the outcome of this lawsuit.