MISSOULA, Mont. (Legal Newsline) — TikTok claims that the State of Montana's ban on its sharing platform violates First Amendment rights.
TikTok Inc., filed a complaint May 22 in the U.S. District Court for the District of Montana against Austin Knudsen, in his official capacity as Attorney General of the State of Montana.
TikTok alleges in its suit that the State of Montana is illegally banning its video sharing platform to users in Montana, which is a violation of the First Amendment. TikTok claims Montana's ban, which prohibits the operation of TikTok throughout the state and imposes a $10,000 penalty to individuals who access TikTok, is "extraordinary and unprecedented" and based on "unfounded speculation."
Specifically, TikTok claims that Montana alleges China could access data about TikTok users and that TikTok exposes minors to harmful online content. TikTok further claims it takes substantial measures to protect the privacy and security of its users, including storing all U.S. user data in the U.S., and taking safeguards for all users, including teens.
It alleges Montana's ban also violates the Commerce Clause of the U.S. Constitution by imposing a ban on a communication platform that is national and disrupts the flow of travel and commerce between the states.
TikTok seeks monetary relief, interest and all other just relief. It is represented by Rob Cameron and Nathan Bilyeu of Jackson, Murdok & Grant PC in Helena and Alexander Berengaut and Megan Crowley of Covington & Burling LLP in Washington, D.C.
U.S. District Court for the District of Montana Missoula Division case number 9:23-CV-00061-DLC