Five TikTokers have banded together to challenge the legislation that bans TikTok in the state of Montana. The move which is likely going to culminate into a class action suit seeks to block the ban which was announced on Wednesday.
Montana became the first US state to ban TikTok, citing national security concerns. But the TikTokers are arguing that the ban is a huge overstep by the state because it’s “unconstitutional and preempted by federal law.”
Montana’s swift move to ban the app has stirred mixed reactions, with some, including ACLU, saying that it violates the First Amendment.
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The suit was filed in a US district court in Montana. It targets the State Attorney General Austin Knudsen, who supported the ban and is charged with enforcing it, per Ars.
A spokesperson for Knudsen, Emily Flower, told Reuters that Montana expected the lawsuit and is “fully prepared” to defend the ban.
The complainants are arguing that Montana’s claimed interests in enacting the ban to shield minors and prevent foreign spying “are not legitimate and do not support a blanket ban on TikTok. Montana has no authority to enact laws advancing what it believes should be the United States’ foreign policy or its national security interests, nor may Montana ban an entire forum for communication based on its perceptions that some speech shared through that forum, though protected by the First Amendment, is dangerous,” according to Ars.
Citing First Amendment concerns, the TikTokers further argued that the ban is “substantially overbroad” and “suppresses far more speech than it may permissibly regulate.” They say that restricting access to content for all users just to address concerns that minors may access some TikTok content that’s “dangerous” goes too far. The First Amendment requires the government to find the “least restrictive means” of regulating speech when the government does have a “compelling” interest. Quite the opposite, Montana’s ban, they argued, is an example of the government finding “the most restrictive means imaginable,” per Ars.
They also argued that the ban was designed by Montana lawmakers with the intent to substitute Montana’s “view of how best to regulate the alleged national security issues arising from TikTok’s United States operations for that of the United States.” Not only is the responsibility of setting foreign policy “traditionally and exclusively within the federal government’s power,” their complaint said, but also the federal government is actively pursuing its own solutions to possibly permit TikTok to operate in the US. If such an agreement is reached with TikTok and the US, Montana’s ban could end up being even more “at odds” with federal policy.
TikTok said on Wednesday that it will fight to defend the interest of its users. Ars quoted TikTok spokesperson Brooke Oberwetter, as saying on Friday that TikTok plans to fight Montana’s ban, too.
“Governor Gianforte has signed a bill that infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state,” Oberwetter said in the statement. “We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana.”
TikTok is facing governmental apathy in the US, with both states and the federal governments blocking the use of the short form video app from official devices. US lawmakers are also working on a potential legislation that will give President Biden power to ban TikTok’s operation in the country.
Montana has become the first U.S. state to ban TikTok, prohibiting the app from operating within the state and making it unavailable to download in app stores, due to alleged security concerns. Montana Gov. Greg Gianforte signed the new law Wednesday, following the state’s legislative approval of the ban last month; it will take effect on Jan. 1, 2024. The move sets the stage for a legal fight that could have implications for a potential nationwide ban. TikTok parent ByteDance said the Montana bill “infringes on the First Amendment rights” of residents, and it will defend its users’ rights in and out of the state.
While it will be unlawful for Google and Apple to offer TikTok in Montana, the state will “not impose any penalties on individuals using the app,” Reuters notes.
Several states have barred workers from using TikTok on public devices, but this statewide ban is the first of its kind. (LinkedIn News)