TikTok, the popular short-form video app, has taken legal action by filing a lawsuit to prevent what it deems an “unconstitutional” ban in the US State of Montana.
The move comes as the state government attempts to block the app’s operations within its jurisdiction, citing concerns over ‘data privacy and security’.
The lawsuit, filed by TikTok’s parent company, argues that the state’s ban infringes upon the First Amendment rights of its users and stifles free speech.
“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,” a spokesperson said in a statement.
The spokesperson added, “We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts”.
It contends that the state government’s actions are arbitrary, unsupported by evidence, and discriminatory in nature.
The ban, set to start in 2024, violates the constitutionally protected right to free speech, TikTok Inc argued in the suit, stressing that the ban is based on unfounded speculation that the Chinese government could access users’ data.
The social media platform is owned by a Chinese company, ByteDance.
TikTok has faced scrutiny and legal challenges in various countries, including the United States, due to concerns over data privacy and its alleged ties to the Chinese government.
However, the company has consistently denied any wrongdoing and has implemented measures to address these concerns. This includes data storage within the United States, transparent content moderation policies, and the appointment of US-based executives.
In the meantime, lawyers for Montana’s government said that they expected lawsuits, and that they are prepared to defend the ban in courts.
TikTok has 150m American users and the app’s user base has expanded in recent years, as it is still most popular with teenagers and users in their 20s.
