Lawsuit Contesting Ban Imposed on Montana TikTok Users
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Loading... - Karen Summers
- 22 May 2023
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A lawsuit has been filed by a group of Montana TikTok creators to challenge a newly enacted law that prohibits the app's operation in the state. The lawsuit argues that Montana's SB 419 violates their constitutional right to freedom of speech and is excessively broad.
According to the lawsuit filed by Davis Wright Tremaine, a law firm, Montana does not have the authority to pass laws that advance its perception of the United States' foreign policy or national security interests. The suit claims that Montana cannot ban an entire communication platform like TikTok based on its belief that some protected speech shared through the app is dangerous. It compares the ban to hypothetically banning the Wall Street Journal due to its ownership or the ideas it publishes.
Davis Wright Tremaine previously represented TikTok users in a similar lawsuit in 2020 when former President Donald Trump issued an executive order banning the app due to concerns over its Chinese ownership. The law firm successfully obtained a temporary halt to the order, which was later revoked by President Joe Biden.
The lawsuit challenges Montana's SB 419 on multiple grounds. Firstly, it argues that the law infringes on the First Amendment rights of Montana residents by depriving them of a platform for sharing and receiving speech. Secondly, it claims that the law violates the Commerce Clause by restricting interstate commerce. Finally, it argues that the law is preempted by federal sanctions powers.
The lawsuit defends TikTok as a valuable platform for learning about current events, promoting local businesses, and showcasing the natural beauty of Montana. It counters the claims made by SB 419 that the app encourages dangerous activities and promotes inappropriate content.
The plaintiffs include the owner of a small swimwear business based in Montana, a US Marine Corps veteran, a college student, a rancher, and a comedian. These individuals rely on TikTok to create and monetize videos.
The state-by-state restriction of app access poses logistical challenges for TikTok, mobile app stores, and users. SB 419 explicitly states that TikTok is prohibited from operating within Montana, and app stores like the iOS App Store and Google Play Store face potential fines for offering the app for download.
However, individual users would not be penalized for accessing TikTok. Governor Greg Gianforte attempted to address concerns by revising the bill before signing it, but his efforts were unsuccessful. The law would become void if TikTok were to be divested from Chinese ownership or if federal lawmakers passed a nationwide ban on TikTok, similar to the RESTRICT Act. Otherwise, the law is scheduled to take effect in January 2024, unless this legal challenge or a similar one successfully blocks its implementation.
