TikTok Sues Montana After State Bans App
It argues the ban violates users' and the company's First Amendment rights
On May 22, 2023, TikTok filed a lawsuit challenging the state of Montana's new ban on use of the Chinese-owned app, the first state to bar the popular short-video sharing service.
TikTok argues the ban, which would take effect on Jan. 1, 2024, violates First Amendment rights of the company and users. The lawsuit, filed in U.S. District Court in Montana, also argues the ban is pre-empted by federal law because it intrudes upon matters of exclusive federal concern and violates the Commerce Clause of the U.S. Constitution, which limits the authority of States to enact legislation that unduly burdens interstate and foreign commerce.
TikTok, which is owned by China's ByteDance and used by more than 150 million Americans, has faced growing calls from U.S. lawmakers and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform.
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