TikTok sues Montana for banning the app.

TikTok Challenges Montana’s Ban on Chinese-Owned App

TikTok Inc has filed a lawsuit against the state of Montana’s new ban on the use of the Chinese-owned short-video app. The ban, which is set to take effect on January 1, is being challenged by TikTok on the grounds that it violates the First Amendment rights of the company and its users. The lawsuit also argues that the ban is pre-empted by federal law and violates the Commerce Clause of the US Constitution.

Montana is the first US state to attempt to ban TikTok. Former President Donald Trump had sought to bar new downloads of TikTok and Chinese-owned WeChat and other transactions, but a series of court decisions blocked the bans from taking effect. Five TikTok users in Montana have also filed a lawsuit in federal court seeking to block the state’s ban.

The company argues that the state’s banishment of TikTok is purely punitive and based on speculative concerns about the app’s data security and content moderation practices. Montana Governor Greg Gianforte signed legislation to ban TikTok in the state last week, making it unlawful for the app to operate in Montana and for app stores to offer TikTok within the state. TikTok’s lawsuit names Montana Attorney General Austin Knudsen, who is charged with enforcing the law.