TikTok sues US state of Montana over ban

TORONTO

TikTok filed a lawsuit against the US state of Montana on Monday over a bill that would ban the popular video app in the state starting early next year.

TikTok argues that banning the app is unconstitutional and violates the First Amendment as well as other federal laws, according to a legal complaint filed with the Montana District Court.

"Montana has no authority to enact laws advancing what it believes should be the United States’ foreign policy or its national security interests, nor may Montana ban an entire forum for communication based on its perceptions that some speech shared through that forum, though protected by the First Amendment, is dangerous," the complaint said.

The bill was signed by Montana Governor Greg Gianforte last week and would impose a fine of $10,000 per day on TikTok or app stores for making the app available to personal devices in Montana starting on Jan. 1, 2024.

TikTok spokesperson Brooke Oberwetter said the company is challenging Montana's unconstitutional ban in order to protect their business and the rights of the thousands of TikTok users in Montana, according to media reports.

TikTok is asking the court to invalidate and disallow Montana from enforcing the ban.

Lawmakers in Montana voted in April to ban TikTok.

The US and some other countries have already restricted TikTok from government devices due to fears that China could gain access to user data.