MISSOULA, Mont. (Legal Newsline) - TikTok is asking a federal judge to impose an injunction against Montana's Senate Bill 419, which would ban use of the social media platform in the state.
TikTok sued the State in May in Missoula federal court, claiming the law violates the First Amendment. The ban prohibits the operation of TikTok throughout the state and imposes a $10,000 penalty on individuals who access it, which is "extraordinary and unprecedented," it claims.
TikTok on July 5 moved for a preliminary injunction, citing the 2017 invalidation by a unanimous U.S. Supreme Court of a North Carolina law that aimed to prohibit sex offenders from accessing social media.
"SB 419 is more pernicious," TikTok's motion says. "Thousands of Montanans - including ranchers, homemakers, students, veterans and small business owners like Plaintiffs - rely on TikTok to express themselves, share ideas and promote their endeavors.
"The Attorney General (Austin Knudsen) admits social media is one of 'the best way[s]... to get your free speech out there' and has expressed doubts about SB 419's constitutionality.
"With good reason: SB 419 violates the First Amendment."
Montana's concern with TikTok is China accessing data about users, claiming it exposes minors to harmful online content too. TikTok claims it takes substantial measures to protect the privacy and security of its users by storing all U.S. user data in the United States.
"Although SB 419 purports to safeguard national security and protect children from dangerous content, Montana has no authority to enact laws advancing its own view of United States foreign policy or national security interests, nor may the State ban an entire medium based on perceptions that some speech shared through that medium is unsuitable for children," the motion says.
"Even if Montana could regulate any speech that users share through TikTok, SB 419 wields a sledgehammer when the First Amendment requires a scalpel."
The law violates the First Amendment, the Foreign Affairs Doctrine and the Commerce Clause, the motion says. It is preempted by the International Emergency Economic Powers Act and the Defense Production Act, it adds.