Five TikTok users who also create content for the short-video app filed a lawsuit late Wednesday in US District Court in Montana to prevent the state's new prohibition on the Chinese-owned platform.
Montana Governor Greg Gianforte signed legislation banning TikTok in the state, effective January 1. The five users want to obstruct the law, which makes it illegal for Google and Apple's app stores to offer TikTok within the state.
TikTok Users Seek to Overturn Montana's Statewide Ban
Over 150 million Americans utilize the video application. The lawsuit names Attorney General of Montana Austin Knudsen. According to The Strait Times, TikTok users argue that the state is attempting to "exercise powers over national security that Montana does not possess and to suppress expression that Montana may not prohibit."
Users assert in their lawsuit that the law violates their First Amendment rights. Knudsen did not comment immediately. The case has been assigned to Judge Donald Molloy, who was appointed to the bench in 1995 by former Democratic president Bill Clinton.
TikTok, which is owned by the Chinese tech company ByteDance, stated that Montana's prohibition "violates the First Amendment rights of the people of Montana by unlawfully prohibiting TikTok" and that it will "continue to defend the rights of our users inside and outside of Montana."
Critics: Montana's TikTok Ban Violates Free Speech
In the complaint, Montana residents also argued that the state has no authority over matters of national security. The complaint states that the law restricts and prohibits the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government could direct TikTok Inc. or its parent company to eavesdrop on some Montana users.
Per AP News, TikTok has argued that the law violates the First Amendment rights of individuals. Plaintiffs are Montanans who use the video-sharing app to promote businesses, interact with military veterans, share outdoor adventures, and convey their sense of humor, among other things.
Two of them have over two hundred thousand followers. Carly Ann Goddard, a content creator, shares videos about ranch living, parenthood, recipes, and home décor. The complaint states that her 97,000 followers have enabled her to roughly quadruple her family's household income.
Creators on TikTok can earn money in a variety of methods, including by being compensated to advertise products to their followers. The lawsuit, which was filed mere hours after Gianforte signed the bill into law, asserts that the prohibition would "immediately and irrevocably deprive Plaintiffs of their ability to express themselves and communicate with others."
The case could serve as a test case for the TikTok-free America envisioned by many national legislators. According to cybersecurity specialists, it may be difficult to enforce.
Concerns about the potential influence of the Chinese government on TikTok have prompted a growing number of US legislators and state officials to call for the app's nationwide ban.
The company has repeatedly denied sharing data with the Chinese government and stated that it would refuse to do so if requested. Under the new law, TikTok and app stores that violate the moratorium could be fined, as per Guardian.
Former President Donald Trump's attempt to prohibit new installations of TikTok and WeChat in 2020 via a commerce department order was thwarted by multiple courts and never went into effect.
