As Montana bans TikTok, users file lawsuit against the state

Five TikTok users and content creators in Montana filed a lawsuit in the US District Court in Montana seeking to block the state’s new ban on the Chinese-owned platform.

Montana Governor Greg Gianforte signed legislation to ban TikTok in the state, effective 1 January 2024. The law has been passed in an effort to protect residents from alleged intelligence gathering by China and makes it unlawful for the Google and Apple app stores to offer TikTok for download within the state.

The lawsuit names the Montana attorney general, Austin Knudsen, charged with enforcing the law. Knudsen’s spokesperson said the state anticipated lawsuits and is ready to defend the legislation. The five plaintiffs are arguing that the ban violates their First Amendment rights. After the lawsuit was submitted, TikTok criticised the ban on the same grounds.

The app has increasingly faced scrutiny from US lawmakers over concerns of Chinese government influence, but previous attempts at a nationwide ban were blocked. Critics of the law include the American Civil Liberties Union (ACLU), who deemed it unconstitutional and limiting free speech.