The brief, filed Monday, was written by NetChoice and the Chamber of Progress – a pair of groups representing the tech industry and online businesses. Members of the groups include US tech giants Google, Amazon and Meta (banned in Russia). TikTok is affiliated with NetChoice, but not with the Chamber of Progress.
“By banning TikTok, Montana seeks to build a virtual wall that will prevent the flow of information both to and from internet users within the state. The harm of this type of platform-specific ban cannot be overstated,” the filing said. “If Montana’s TikTok ban is allowed to stand, it could also set a worrisome precedent. Other states seeking to control disfavored online fora may be emboldened to follow suit in the name of national security.”
The filing calls for the court to prevent the statewide TikTok ban from taking effect.
Earlier this year, Montana Governor Greg Gianforte signed a bill passed by the state legislature to ban companies from allowing TikTok to be downloaded off their application stories in Montana. The ban is set to take effect in January 2024.
The measure comes amid a number of other federal and state-level efforts to address alleged privacy concerns related to TikTok and its China-based parent company.
Allowing the ban to proceed would foster a “patchwork” of state-level internet regulations, violate core principles of federalism, harm local businesses, chill innovation and disconnect Montanans from the global community, the filing said.
“Montana’s statewide ban on TikTok tramples on multiple constitutional rights infringes on the federal government’s exclusive authority to administer foreign affairs, and hurts Montanans,” the filing said.
NetChoice is backing TikTok’s challenge to the ban as part of broader efforts to oppose government-imposed restrictions on online speech and commerce, the filing said. The Chamber of Progress is backing the lawsuit due to its implications for partner companies, according to the filing.