TikTok has filed a lawsuit to prevent Montana from prohibiting access to its social media platform.
The lawsuit filed on Monday follows Montana’s passage of the nation’s first comprehensive prohibition on the Chinese-owned video-sharing platform last week.
TikTok stated in a statement that the ban violates US free expression rights.
Authorities around the globe have scrutinized TikTok over concerns that data could be transmitted to the Chinese government.
The lawsuit filed Monday in the United States District Court for the District of Montana seeks to overturn the “unlawful” ban.
“We are challenging Montana’s unconstitutional ban on TikTok to protect our business and the hundreds of thousands of TikTok users in Montana,” a spokesperson said.
We believe that our legal challenge will be successful on the basis of an exceptionally solid set of precedents and facts.
The lawsuit against TikTok asserts that the ban violates the First Amendment right to free expression.
According to the company’s complaint, the ban “unconstitutionally shut down the forum for speech for all app speakers.”
The prohibition will go into effect in January 2024. It will be unlawful for app stores to distribute TikTok, but those who already have it can continue to use it.
Last December, the state of Montana, which has a population of just over one million, banned the app from government devices.
TikTok claims 150 million American users. Although the app’s user base has grown over the past few years, it remains most popular among adolescents and users in their twenties.
However, there are concerns across the political spectrum in the United States that TikTok may pose a threat to national security.
The social media platform is owned by the Chinese corporation ByteDance. ByteDance has repeatedly denied being under Chinese government control.
The lawsuit also asserts that Montana has exceeded its authority by interfering with user data and national security, which are federal responsibilities.
According to the report, the prohibition is based on “unfounded speculation” that the Chinese government could access TikTok data.
Government attorneys in Montana have previously stated that they anticipate lawsuits and are prepared to defend the ban in court.