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Video-sharing app retaliates and sues Montana’s unconstitutional ban

The US state of Montana has effectively banned TikTok from the state. However, a group of users of the social video-sharing app are planning to sue Montana. TikTok has already sued Montana, claiming the ban violates its First Amendment right

TikTok has filed a lawsuit against the state of Montana, challenging the recently implemented ban on the app of Chinese-owned short videos. TikTok, which is owned by ByteDance, argues that the ban, which is set to begin Jan. 1, violates the First Amendment rights of the company and its users.

The lawsuit was filed in the U.S. District Court in Montana and further argues that the ban violates federal law because it trespasses on matters within exclusive federal jurisdiction and violates the Commerce Clause of the American Constitution. The Commerce Clause prevents states from passing laws that unduly burden interstate and foreign commerce.

Montana violated the First Amendment, claims TikTok
Montana is the first US state to attempt to ban TikTok. Former President Donald Trump previously tried to block further downloads of TikTok, as well as transactions involving China’s WeChat app, but court rulings halted the enforcement of those bans.

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Also read: Fall of TikTok: Montana first US state to completely ban video-sharing app, others to follow suit

TikTok argues in its lawsuit that the state ban specifically targets TikTok for punitive reasons, as evidenced by Montana’s decision to harshly sanction the company over speculative concerns about data security and moderation practices. content.

TikTok urges people to sue Montana and revised ordinance
In a separate case, five Montana TikTok users who create content for the app filed a lawsuit in federal court seeking to block the implementation of the state ban.

Also Read: Montana Bans TikTok: But Can the US State Enforce the Law?

Montana Governor Greg Gianforte signed the legislation banning TikTok in the state, making it illegal to operate the app in Montana and Google’s Alphabet Inc and Apple Inc app stores to offer TikTok in the state. . TikTok’s lawsuit names Montana Attorney General Austin Knudsen as the chief enforcement officer.

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