TikTok Inc. and a group of content creators have joined forces to file a lawsuit against the state of Montana, seeking to halt the implementation of its first-in-the-nation law to ban the popular video sharing app.
ABC reported that the plaintiffs have now turned to a federal judge, requesting a preliminary injunction to block the ban while the case progresses through the courts.
The contentious law, set to take effect in January, has raised concerns about free speech rights and the state's authority to regulate foreign affairs.
TikTok, Content Creators Try To Halt Montana's Ban
In a significant development in the legal battle between TikTok and the state of Montana, separate motions for preliminary injunctions were filed by both TikTok Inc. and the group of content creators on Wednesday.
The cases, initially filed in May, have been consolidated by U.S. District Judge Donald Molloy. The plaintiffs argue that the ban is an unconstitutional violation of free speech rights and that the state lacks the authority to regulate foreign affairs. By seeking a preliminary injunction, TikTok and the content creators aim to prevent the ban from taking effect before a final decision is reached.
In response to the lawsuit filed by the five TikTok creators in Montana, who argue that the state's ban on the app infringes upon their First Amendment rights and exceeds the government's legal authority, it has been revealed that TikTok is financially supporting their legal action.
As reported by The New York Times, TikTok spokesperson Jodi Seth acknowledged the company's backing after two of the creators disclosed TikTok's involvement.
Seth emphasized TikTok's commitment to its creators and their constitutional rights, as many of them have expressed concerns about the impact of the Montana law on their livelihoods. The company's support for the creators highlights their significance in TikTok's campaign against the impending ban, scheduled to take effect on January 1.
Governor Greg Gianforte, a Republican, signed the bill, citing apprehensions that TikTok, owned by Chinese internet giant ByteDance, could potentially expose user data to the Chinese government.
TikTok vehemently denies ever sharing U.S. user data with Beijing or receiving such requests. The ban on TikTok in Montana stems from concerns raised by Montana Attorney General Austin Knudsen, who drafted the bill out of shared apprehensions expressed by the FBI and U.S. Secretary of State Antony Blinken.
However, TikTok has vehemently denied these allegations, stating that there has been no such incident.
Clash of Arguments and Impending Court Proceedings
The legal battle between TikTok, the content creators, and the state of Montana has now entered an important phase.
According to the Associated Press, attorneys on both sides have agreed to a schedule that sets deadlines for responses and replies to the preliminary injunction motions. The state is expected to respond by mid-August, followed by the plaintiffs filing their replies by mid-September, as per court records.
TikTok and the content creators argue that granting a preliminary injunction is crucial as they are likely to succeed in their challenges to the law. They contend that the ban would result in irreparable harm by impeding their ability to express themselves and communicate with others.
Governor Greg Gianforte, a Republican, signed the bill into law in May, hailing Montana's action as the most decisive among all states in protecting private data and sensitive personal information from being accessed by the Chinese Communist Party.
Notably, more than half of the U.S. states, including Montana, as well as the federal government, have banned TikTok from government-owned devices.
In an additional move, Governor Gianforte has also prohibited the use of social media apps associated with foreign adversaries on state equipment and for state businesses.
As the legal proceedings progress, the outcome of this high-stakes clash between TikTok, content creators, and the state of Montana remains uncertain.
The court's decision on whether to grant a preliminary injunction will significantly impact the future of the ban and the continued operation of TikTok within the state.
