Montana Governor Greg Gianforte enacted the ban just a week ago, making Montana the first state to pass such laws. The law specifically targets TikTok and aims to ban it from operating within the state’s territorial jurisdiction and also require mobile app stores for Montana users to remove the app from their platforms.

More about the case

TikTok’s lawsuit, filed Monday, alleges Montana’s ban is unconstitutional and violates the rights of both the company and its hundreds of thousands of users in the state. TikTok spokesperson Brooke Oberwetter expressed confidence in her position, saying the case was based on multiple precedents and facts.

TikTok’s lawsuit reflects concerns expressed by civil liberties groups such as the American Civil Liberties Union (ACLU) after the bill was first passed by the Montana state legislature in April of this year.

The lawsuit alleges that the ban violates the rights to freedom of expression and argues that only the federal government has the authority to address threats to national security, making state-level bans illegal.

TikTok is under pressure in the US

While Montana’s ban is TikTok’s first statewide ban, the app has previously faced attempts by the US federal government to ban it nationwide. Former President Donald Trump signed decrees aimed at banning TikTok and other Chinese apps like WeChat, but federal judges blocked those efforts.

TikTok argues that national security matters fall under the jurisdiction of the federal government, and the state ban is an exception because no other state has enacted a similar law.

Eric Ebenstein, TikTok’s vice president of public policy, expressed his skepticism about the national security concerns raised by lawmakers in Montana and other states, emphasizing that these issues need to be addressed at the federal level. Ebenstein noted that the lack of similar bills in other states supports the view that the Montana ban has deviated from the norm.

As the legal battle between TikTok and Montana unfolds, its outcome will have implications not only for the app’s presence in the state, but also for the wider digital rights landscape and states’ power to regulate threats to national security. The lawsuit will test the limits of US state jurisdiction over technology-related matters and potentially set legal precedents for future attempts to restrict popular online platforms.