Montana became the first state to prohibit TikTok, a popular short-video-sharing app.
TikTok claims the Jan. 1 ban violates its and users’ First Amendment rights. The lawsuit, filed in U.S. District Court in Montana, also claims the ban is pre-empted by federal law because it intrudes on matters of exclusive federal concern and violates the Commerce Clause of the U.S. Constitution, which limits state authority to enact legislation that unduly burdens interstate and foreign commerce.
Over fears about Chinese government influence, U.S. politicians and state authorities call for the statewide prohibition of TikTok, owned by China’s ByteDance and utilized by over 150 million Americans.
If TikTok breaks the restriction, Montana could punish the company with $10,000 per day. TikTok users are not punished by law. How Montana would ban TikTok is unclear.
Former President Donald Trump in 2020 sought to ban new downloads of TikTok and Chinese-owned WeChat, a unit of Tencent (0700. HK), and related transactions, which the companies said could have effectively barred U.S. use of the apps. Still, a series of court decisions blocked the bans.
Senate Intelligence Committee Chair Mark Warner said federal courts overturning Montana’s ban made it even more important for Congress to enact his measure to give the president broad powers to ban or restrict TikTok and other foreign-owned applications.
With 1.1 million citizens, the state has hundreds of thousands of active TikTok users.
In its lawsuit, TikTok claims it “has not shared, and would not share, U.S. user data with the Chinese government, and has taken substantial measures to protect the privacy and security of TikTok users.” Five Montana TikTok users sued the state’s prohibition in federal court last week.
TikTok sues Montana Attorney General Austin Knudsen. Monday’s request for comment from Knudsen’s office went unanswered. Knudsen spokesperson Emily Flower said the state was preparing for lawsuits. “We expected legal challenges and are fully prepared to defend the law that helps protect Montanans’ privacy and security,” she said Monday.
