TikTok Inc, the popular Chinese-owned short-video sharing service, has taken legal action against the state of Montana, filing a lawsuit in U. S. District Court to challenge the state's ban on the use of the app. Montana became the first state to bar TikTok, with the ban scheduled to take effect on January 1. TikTok argues that the ban violates the First Amendment rights of the company and its users.
In the lawsuit, TikTok asserts that the state ban is pre-empted by federal law and encroaches upon matters of exclusive federal concern. The company claims that the ban also violates the Commerce Clause of the U.S. Constitution, which restricts states from passing legislation that excessively burdens interstate and foreign commerce.
With over 150 million American users, TikTok has faced mounting pressure from U.S. lawmakers and state officials concerned about potential Chinese government influence on the platform. Former President Donald Trump attempted to block new downloads of TikTok and WeChat in 2020, but court decisions prevented the bans from taking effect.
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Under the Montana ban, TikTok could face fines of $10,000 per violation and additional fines of $10,000 per day for non-compliance. However, the enforcement mechanism for the ban remains unclear.
Montana Attorney General Austin Knudsen, responsible for enforcing the ban, has been named as the defendant in TikTok's lawsuit. Knudsen's office has not yet issued a response to the legal challenge.
TikTok maintains that it has not shared and would not share U.S. user data with the Chinese government, emphasising its commitment to protecting the privacy and security of its users.
Last week, five TikTok users in Montana filed a separate lawsuit in federal court seeking to block the state's ban.
This legal development highlights the ongoing debate surrounding TikTok's operations in the United States and the broader concerns over the influence of foreign-owned apps. As the likelihood of federal courts overturning Montana's ban increases, some lawmakers, including Senate Intelligence Committee Chair Mark Warner, argue for new legislation to grant the president powers to ban or impose restrictions on foreign-owned apps like TikTok. TikTok estimates having hundreds of thousands of active users in Montana, a state with approximately 1.1 million residents.
In response to TikTok's lawsuit, Emily Flower, a spokesperson for Attorney General Austin Knudsen, stated that the state was prepared for legal challenges and fully committed to defending the law, emphasising its role in protecting the privacy and security of Montanans.
The outcome of the legal battle between TikTok and Montana will have significant implications for the regulation and operation of Chinese-owned apps in the United States.
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