The app owned by China-based ByteDance filed a legal challenge to Montana’s law banning the social media platform in the state.
Adam Botkin, a football TikTok influencer, edits a video for a post in Missoula, Mont., on May 3, 2023. | Tommy Martino/AP PhotoTikTok on Monday sued to block Montana’s new law banning downloads of the social media video app, claiming it violates the company’s First Amendment protections.on May 17 to ban app stores from offering TikTok in Montana starting Jan. 1, 2024.
TikTok filed the complaint in the U.S. District Court for the District of Montana, with a company spokesperson saying, “We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana. We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.”
TikTok is represented by Covington & Burling, the same firm that represented the company in its previous lawsuit that successfully stopped the’s attempt to ban the app nationwide in 2020. In that case, a judge ruled the president exceeded his authority to use emergency economic powers to block the app.
The complaint alleges the Montana law violates the company’s constitutionally protected rights to disseminate and promote third-party speech. It also claims that the ban is preempted by federal law as foreign affairs and national security are exclusively matters controlled by the federal government. Additionally, it says the law violates the Commerce Clause in the U.S. Constitution, which bans states from enacting laws that unduly burden interstate and foreign commerce.
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