TikTok has sued Montana state over its recent ban on the social media platform, citing concerns about the law’s constitutionality.
The lawsuit in the US District Court of Montana argues the ban violates the First Amendment and other laws.
The case targets the state’s attorney general, responsible for enforcing the ban, and seeks to protect TikTok’s business and the hundreds of thousands of users in Montana.
Read More: TikTok creators challenge Montana ban citing free speech violations
Montana’s governor’s office stated that the ban is intended to safeguard privacy rights.
But the attorney general’s office affirms their readiness to defend the law, emphasizing its aim to protect Montanans’ privacy and security.
The legislation, signed into law by the governor, prohibits TikTok from operating in the state and stores like Google and Apple from offering the app.
Law violators would face a daily fine of $10,000, but individual TikTok users would not be penalized.
Read More: Montana Governor Greg Gianforte signs ban on Tiktok
Previously, a group of TikTok creators sued Montana’s attorney general, claiming it unconstitutional and alleged violations of the First Amendment and other laws.
TikTok raises additional arguments, arguing that the ban exceeds Montana’s authority as it is the federal government’s jurisdiction to address foreign entities.
The company also says the ban violates a law prohibiting governments from declaring guilt or imposing punishment without a trial and regulations on interstate commerce.
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Legal experts, such as Carl Tobias, a law professor at the University of Richmond, acknowledge the strength of the First Amendment argument and the claim of federal pre-emption.
He said: “The claim from Montana is that they’re protecting national security and that is something squarely within the domain of the federal government, not left to the state.”
TikTok has faced scrutiny regarding its Chinese ownership, with concerns raised by lawmakers at both state and federal levels about data access by the Chinese Communist Party.
The company said it has never been compelled by the Chinese government to share data and would refuse to do so if requested.
