TikTok has filed a lawsuit in a US federal court to prevent Montana from imposing a complete ban on the video-sharing app. The ban, which is due to come into effect in 2024, is being contested by TikTok on the grounds that it violates the constitutional right to free speech. In its lawsuit, TikTok stated that “we believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.”
The Ban
Montana’s governor, Greg Gianforte, signed the ban into law on May 17, citing the need to protect Montanans’ personal and private data from the Chinese Communist Party. However, TikTok has argued that the state has enacted these measures based on “nothing more than unfounded speculation.” Five TikTok users have also filed a lawsuit against Montana, arguing that the ban violates their free speech rights and that the state is attempting to exercise national security power that only the federal government can wield.
The Constitutional Argument
TikTok is calling on the federal court to declare the Montana ban unconstitutional and to block the state from ever implementing it. The app is owned by Chinese firm ByteDance and has been accused by many US politicians of being a tool of espionage by Beijing. Montana became the first US state to ban TikTok, with the law set to take effect next year. The prohibition will serve as a legal test for a national ban of the platform, something that lawmakers in Washington are increasingly calling for.
The Implications
Under the law, each violation is punishable by a $10,000 fine every day it takes place. Apple and Google will have to remove TikTok from their app stores and companies will face possible daily fines. The prohibition will take effect in 2024 but would be voided if TikTok is acquired by a company incorporated in a country not designated by the United States as a foreign adversary. The cases should move quickly in court, since they center on points of law that don’t require lots of evidence to be gathered.
TikTok’s lawsuit against Montana’s ban on the video-sharing app highlights the ongoing debate over the impact and security of the popular app, with the ban serving as a legal test for a potential national ban of the platform. The constitutional arguments raised by TikTok and the five users contesting the ban are compelling, and the cases are expected to be resolved quickly in court. The outcome of these cases could have significant implications for the future of TikTok in the United States.
Leave a Reply