TikTok sues Montana over state ban

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TikTok Ban Kansas Explainer
FILE – The TikTok logo is seen on a cell phone on Oct. 14, 2022, in Boston. Kansas Gov. Laura Kelly on Wednesday, Dec. 28, 2022, banned the use of TikTok on the state-issued devices of government workers under her control, becoming one of the first Democratic governors to restrict the popular social media app. (AP Photo/Michael Dwyer, File) Michael Dwyer/AP

TikTok sues Montana over state ban

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TikTok filed a lawsuit against the state of Montana on Monday over its ban of the social media app.

The China-owned app filed the suit on Tuesday in the United States District Court for the District of Montana. The company argues in the suit that the ban infringes the First Amendment rights of its user base.

MONTANA GOVERNOR SIGNS FIRST STATE TIKTOK BAN INTO LAW

“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,” the company said in the court filing.

The suit follows one filed by a group of five creators arguing that the ban will severely harm their business.

Gov. Greg Gianforte (R-MT) signed the ban into law last week, barring app store providers like Google and Apple from providing the app or else face fines up to $10,000 per instance. It will go into effect on Jan. 2024.

Multiple states have already passed legislation that bans the use of TikTok on government-owned devices, as has Congress.

Legislation is pending in Congress to rein in TikTok over its data collection practices and relationship with the Chinese Communist Party. Sens. John Thune (R-SD) and Mark Warner (D-VA) have introduced the RESTRICT Act, which would the Commerce Department additional powers to regulate tech business deals related to nations of concern, such as China or Iran. Sens. Marco Rubio (R-FL) and Josh Hawley (R-MO) have proposed outright bans on TikTok.

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TikTok CEO Shou Zi Chew appeared before Congress in April. Lawmakers on both sides of the aisle questioned the Singapore-based executive over the company’s practices.

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