TikTok has filed a lawsuit to prevent the state of Montana in the United States from implementing a ban on its social media platform. This legal action makes Montana the first state to face such a challenge. The Chinese-owned video-sharing app argues that the ban infringes upon free speech rights in the US. TikTok aims to protect its business and the hundreds of thousands of users in Montana, as stated in an official statement.
Lawsuit Challenges Legality of the Ban
The lawsuit was filed on Monday in the US District Court for the District of Montana, challenging the legality of the ban. TikTok believes it has strong legal grounds for success, supported by previous legal precedents and factual evidence. The company asserts that the ban violates the First Amendment of the US Constitution, which guarantees freedom of speech. TikTok argues that the ban unconstitutionally restricts speech for all users on the app, effectively shutting down a platform for expression.
Ban’s Impact and Concerns Over Data Privacy

The ban, scheduled to take effect in January 2024, would make it illegal for app stores to offer TikTok. However, individuals who already have the app would still be able to use it. Montana, with a population of just over one million, had previously banned the app on government devices in December of the previous year. TikTok, with 150 million American users, primarily teenagers and individuals in their twenties, faces concerns about national security risks associated with its Chinese ownership. Authorities worldwide have scrutinized TikTok due to concerns over data privacy and the potential sharing of user information with the Chinese government.
Montana’s Jurisdiction and Speculative Assumptions
The lawsuit also argues that Montana has exceeded its jurisdiction by involving itself in matters related to user data and national security, which fall under the federal government’s purview. TikTok claims that the ban is founded on speculative assumptions regarding China’s government accessing TikTok data. Montana’s government lawyers anticipate legal challenges and assert their readiness to defend the ban in court.
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