Home TikTok Strikes Back: Legal Battle against Montana’s App Ban Begins

TikTok Strikes Back: Legal Battle against Montana’s App Ban Begins

Krishi Chowdhary Journalist Author expertise
In our content, we occasionally include affiliate links. Should you click on these links, we may earn a commission, though this incurs no additional cost to you. Your use of this website signifies your acceptance of our terms and conditions as well as our privacy policy.

TikTok Strikes Back: Legal Battle against Montana's App Ban Begins

TikTok has filed a lawsuit in response to Montana’s recent ban on TikTok within the state’s jurisdiction. The lawsuit seemingly aims to challenge the constitutionality of the state’s decision.

TikTok’s legal filing positions the ban as an infringement on the company’s constitutional rights to host and disseminate user-generated content.

This action comes after Governor Greg Gianforte, last week, signed off on a new statute. It proscribes TikTok’s operation in Montana. The legislation sparked controversy as it is the first of its kind in the United States.

Now, TikTok is defending its rights to provide its platform to Montanans.

The social media firm further contends that the Montana government is overreaching by taking on regulatory responsibilities.

In actuality, they fall under the purview of federal agencies.

TikTok avers this unprecedented interference creates an undue encumbrance on its ability to conduct interstate commerce.

The Potential Prohibition

To counteract the immediate impact of the ban, TikTok is seeking a court injunction. If approved, this injunction would temporarily stall Montana’s prohibition. This will further allow TikTok to continue its operations in the state pending a legal resolution.

TikTok spokesperson, Brooke Oberwetter, shared the company’s perspective regarding the matter. According to him, TikTok is pretty hopeful that the legal recourse would be victorious based on robust precedents and evidential support.

We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana.Brooke Oberwetter, TikTok spokesperson

Escalation or Controversy?

The last few months have seen a mounting push against TikTok, not just from Congress but also from several state legislatures. Prohibitions on the use of TikTok on government-owned devices and college networks had already emerged. However, the all-out ban in Montana represents an escalation of these threats.

Gianforte defended the controversial move. He claims it was a decisive measure to guard Montanans’ private data and sensitive personal information against potential misuse by the Chinese Communist Party.

These comments reference speculative, and thus far unproven, assertions that TikTok shares data with the Chinese government.

Echoing TikTok’s assertions, the creators contend that the ban infringes on their First Amendment rights.

In a concurrent development, five TikTok creators initiated a separate lawsuit against the state of Montana.

They argue that Montana’s legislation employs the broadest possible measures to achieve its goals. This curbs the protected speech of all TikTok users in the state based on the speculative and unproven notion.

With the legal battle underway, both the state of Montana and the social media powerhouse TikTok are firmly entrenched in their positions. The case is anticipated to set a precedent for future legislation involving social media applications.

As all eyes turn to the courts for a final verdict, the broader implications of this legal tussle have yet to unfold.

The Tech Report - Editorial ProcessOur Editorial Process

The Tech Report editorial policy is centered on providing helpful, accurate content that offers real value to our readers. We only work with experienced writers who have specific knowledge in the topics they cover, including latest developments in technology, online privacy, cryptocurrencies, software, and more. Our editorial policy ensures that each topic is researched and curated by our in-house editors. We maintain rigorous journalistic standards, and every article is 100% written by real authors.

Krishi Chowdhary Journalist

Krishi Chowdhary Journalist

Krishi is an eager Tech Journalist and content writer for both B2B and B2C, with a focus on making the process of purchasing software easier for businesses and enhancing their online presence and SEO.

Krishi has a special skill set in writing about technology news, creating educational content on customer relationship management (CRM) software, and recommending project management tools that can help small businesses increase their revenue.

Alongside his writing and blogging work, Krishi's other hobbies include studying the financial markets and cricket.