Creators Sue Over Montana TikTok Ban
A group of TikTok creators has filed a lawsuit challenging Montana's ban on the popular app.
The move comes after Gov. Greg Gianforte signed Senate Bill 419, making Montana the first US state to prohibit use of or access to the social network for everyone.
Set to take effect on Jan. 1, 2024, the law "attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress," according to Wednesday's filing with the US District Court in Missoula, Montana.
"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," the suit says(Opens in a new window).
Under the law, ByteDance-owned TikTok and app stores (like Apple's App Store and Google Play) that list it for download could be fined $10,000 each time someone accesses or is offered the ability to access the platform—plus an additional $10,000 every day thereafter. Penalties do not apply to individuals who download or use TikTok.
"Montana can no more ban its residents from viewing or posting to TikTok than it could ban The Wall Street Journal because of who owns it or the ideas it publishes," the lawsuit says. "Even if Montana could regulate any of the speech that users share through TikTok, SB 419 wields a sledgehammer when the First Amendment requires a scalpel."
Plaintiffs Samantha Alario, Heather Dirocco, Carly Ann Goddard, Alice Held, and Dale Stout create, publish, view, interact with, and share TikTok videos with "significant audiences." These communities,
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