TikTok Inc filed a lawsuit on Monday against the state of Montana’s new ban on the use of the Chinese-owned short video app.
ByteDance-owned TikTok argues that the ban, which would take effect on January 1, violates the First Amendment rights of the company and users.
The lawsuit, filed in Montana District Court, also argues that the federal law preempts the ban because it intrudes on matters of exclusively federal interest.
Montana is the first state in the country to try to ban TikTok.
In 2020, former President Donald Trump tried to ban Chinese-owned TikTok and WeChat downloads and other transactions, which the companies said would have effectively prevented use of the apps, but a series of court decisions blocked the measures from taking effect.
The company also argues that the state “banishes TikTok, and only TikTok, from the state for purely punitive reasons, as evidenced by the decision to target the plaintiff with severe penalties based on speculative concerns about data security and business practices.” moderation of TikTok content”.
Last week, five TikTok users in Montana who create content posted on the short video app filed a lawsuit in federal court to block the state’s ban.
Montana Governor Greg Gianforte signed legislation Wednesday to ban TikTok in the state.
The law makes it illegal for TikTok to operate in the state and for Alphabet Inc. GOOGL.O Google and Apple Inc. AAPL.O app stores to offer TikTok within Montana.
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