TikTok filed a complaint for declaratory and injunctive relief in the US District Court for the District of Montana, naming Montana Attorney General Austin Knudsen as the defendant.
"This action seeks to prevent the State of Montana from unlawfully banning TikTok, a short-form video sharing platform that empowers hundreds of thousands of users in Montana to communicate and express themselves, primarily through creating, sharing, and interacting with short-form videos," the filing said.
Earlier this month, Montana Governor Greg Gianforte signed a bill from the state’s legislature that bans companies from allowing TikTok to be downloaded off their application stores in Montana. The ban is set to take effect January 1, 2024.
The legislation comes amid other efforts across the United States to restrict the use of TikTok amid privacy concerns linked to TikTok’s ties to China-based parent company ByteDance.
Montana’s ban violates the First Amendment of the US Constitution, which guarantees the right to freedom of speech, the filing states, adding the ban is based on "nothing more than unfounded speculation" regarding the app’s ties to China.
The filing also alleges Montana’s ban is preempted by federal regulatory law, which currently handles national security concerns raised by the legislation. Montana’s ban also violates the Commerce Clause of the US Constitution by unduly burdening interstate and foreign commerce though its state-specific restrictions, the filing said.
The lawsuit seeks an order from the court permanently enjoining Montana from implementing or enforcing the TikTok ban, as well as a declaratory judgment that the ban is unconstitutional and preempted by federal law, the filing said.