TikTok sues Montana for outright ban of the app in-state
TikTok claims Montana's ban violates First Amendment
Montana banned TikTok because its a CCP propaganda machine: Sen. Cynthia Lummis
Sen. Cynthia Lummis, R-Wyo., congratulates Montana Gov. Greg Gianforte for becoming the first state to ban TikTok and weighs in on Ron DeSantis presidential aspirations on Cavuto: Coast to Coast.
TikTok has filed a lawsuit against the state of Montana to fight the state's ban against the social media app, claiming prohibiting its use violates the First Amendment.
"We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana," a TikTok spokesperson told FOX Business in a statement. "We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts."
Montana became the first state in the U.S. to completely ban TikTok on Wednesday, May 17, 2023, when the state's Republican governor signed a measure that's more sweeping than any other state's attempts to curtail the social media app. Now, TikTok ha (AP Photo/Matt Slocum, File / AP Newsroom)
In its lawsuit, TikTok claims Montana's ban is unlawful because it violates the plaintiff's free speech, is preempted by federal law, violates the Commerce Clause, and singles the company out "for harsh penalties based on speculative concerns about TikTok's data security and content moderation practices."
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While more than half the states in the U.S. have banned TikTok use on government phones and tablets, last week Montana became the first to ban its use in the entire state.
Adam Botkin, a football TikTok influencer, edits a video for a post at a Chipotle Mexican Grill while eating dinner in Missoula, Mont., on Wednesday, May 3, 2023. Botkin, a former walk-on place kicker and punter for the Montana Grizzlies, gained noto (AP Photo/Tommy Martino / AP Newsroom)
The federal government also prohibits the use of TikTok on government-owned devices and the Biden administration has reportedly threatened to ban the app nationwide if its U.S. division does not spin off from its Beijing-based parent company, ByteDance.
Montana's new law prohibits downloads of TikTok in the state and would fine any "entity" – an app store or TikTok – $10,000 per day for each time someone "is offered the ability" to access the social media platform or download the app. The penalties would not apply to users.
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 TikT (Garrett Turner/Montana Governor's Office via AP / AP Newsroom)
"The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented," Montana Gov. Greg Gianforte said in a statement upon signing the ban into law.
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The governor's office did not immediately respond to FOX Business' request for comment in reaction to TikTok's lawsuit.
FOX Business' Danielle Wallace contributed to this report.