TikTok files lawsuit to overturn Montana’s ban on the app, saying it violates First Amendment

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Social media company TikTok Inc. filed a lawsuit seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.

In this photo provided by the Montana Governor's Office, Republican Gov. Greg Gianforte signs a law banning TikTok in the state, Wednesday, May 17, 2023, in Helena, Mont. That law made Montana became the first state in the U.S. to completely ban TikTok. on the video sharing app, arguing the law is an unconstitutional violation of free speech rights and is based on “unfounded speculation” that the Chinese government could access users’ data.

Republican Gov. Greg Gianforte signed the bill Wednesday and the content creators’ lawsuit was filed hours later. The law is scheduled to take effect on Jan. 1, but cybersecurity experts say it could be difficult to enforce. Some lawmakers, the FBI and officials at other agencies are concerned that the video-sharing app could be used to allow the Chinese government to access information on U.S. citizens or push pro-Beijing misinformation that could influence the public.

“The Chinese Communist Party is using TikTok as a tool to spy on Americans by collecting personal information, keystrokes, and even the locations of its users — and by extension, people without TikTok who affiliate with users may have information about themselves shared without even knowing it,” Emily Flower, a spokesperson for the Montana Department of Justice, said in a statement.

 

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