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After signing the controversial law earlier this May, Montana became the first US state to ban TikTok officially effective from January 2023. A nationwide ban on the Chinese app based on security concerns by Governor Greg Gianforte has received major backlash from creators.
Read more about the controversial ban.
Considering the increasing number of users of the social media platform in the US, it was natural for TikTok to overturn the decision and fight the battle legally. Surprisingly, a lawsuit has been registered against the Montana Government by a group of five TikTok users, and they have challenged the state government for their rights.
And TikTok says to the digital creators – Don’t worry, we have got you covered.
“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,” a spokesperson for the company said after the suit was filed. “We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts,” says TikTok.
We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana. We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.
— TikTokComms (@TikTokComms) May 22, 2023
All About the Lawsuit & Lead Counsel
The Digital Creators and Influencers, who earn and survive through the social media platform have gotten in trouble ever since the announcement of the ban. Creators have taken the lead and brought some real action.
We filed suit last night challenging Montana’s unconstitutional ban of TikTok, on behalf of 5 TikTok creators. Lead counsel is Ambika Kumar, who represented other creators in securing an injunction of President Trump’s 2020 ban.
— Davis Wright Tremaine LLP (@DWTLaw) May 18, 2023
https://t.co/p67xeT8w4A
The announcement of the lawsuit was made by Davis Wright Tremaine LLP on Twitter, stating that five TikTok creators have challenged the Montana state government against the official ban. The lawsuit will be led by Ambika Kumar, who reportedly helped another group of creators in a previous lawsuit after former president Donald Trump threatened to shut down TikTok in 2020.
The lawsuit claimed that the Montana TikTok ban is in violation of the First Amendment, depriving the citizens of access to information based on current events happening in the world. It also states the restraint this ban puts on the Montanans to explore the vast boundaries of human thought and wisdom.
She elaborates on the issue saying that the law makes it illegal for app stores to give users the option to download TikTok and illegal for the company to operate within the state. Even these are the parties of concern because the fines are imposed on them and they should be concerned too.
Ambika Kumar states “Montana has no authority to enact laws advancing what it believes should be the United States’ foreign policy or its national security interests, nor may Montana ban an entire forum for communication-based on its perceptions that some speech shared through that forum, though protected by the First Amendment, is dangerous.”
What does Montana State Government have to say?
Montana Government expected the backlash, considering the millions using the TikTok app and it is believed that they are fully prepared for that. Stating that security and privacy are our biggest priority, so we are going to fight back as well.
Emily Flower, the spokeswoman for the Montana Department of Justice said in response to the creators’ lawsuit, “We expected a legal challenge and are fully prepared to defend the law.”
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