TikTok on Monday filed a lawsuit difficult a latest ban on a Chinese short video app in Montana.
TikTok, owned by ByteDance, says the ban, which is able to go into effect on January 1, violates the company’s and users’ First Amendment rights.
The suit, filed in U.S. District Court in Montana, also argues that the ban is preempted by federal law since it violates matters of sole federal concern and violates the Commerce Clause of the Structure, which limits the power of states to pass laws that unduly burden interstate commerce and foreign.
Montana is the first state to attempt to ban TikTok. Former President Donald Trump in 2020 sought to ban latest TikTok and Chinese-owned WeChat downloads and other transactions that the corporations said would effectively prevent the app from getting used, but a series of court rulings prevented the bans from taking effect.
The corporate also argues that the state is “driving TikTok and only TikTok out of the state for purely criminal reasons, as evidenced by the state’s decision to single out the plaintiff for severe penalties based on speculation about TikTok’s data security and content moderation practices.”
![TikTok logo](https://nypost.com/wp-content/uploads/sites/2/2023/05/NYPICHPDPICT000011329372.jpg?w=1024)
![Montana Governor Greg Gianforte](https://nypost.com/wp-content/uploads/sites/2/2023/05/NYPICHPDPICT000011016719-3.jpg?w=1024)
Last week, five TikTok users in Montana who create content posted on the short video app filed a lawsuit in federal court to dam the state’s ban.
Montana Governor Greg Gianforte signed a bill Wednesday banning TikTok in the state. The law makes TikTok inoperable in the state, and Alphabet’s Google and Apple app stores offer TikTok in Montana.
TikTok’s lawsuit names Montana Attorney General Austin Knudsen charged with law enforcement. Knudsen’s office didn’t immediately reply to a request for comment on Monday.