Montana: It does not violate free speech to prohibit TikTok
While the case is being heard in federal court, Montana has asked a judge to grant a statewide ban on TikTok. The state claims the ban is a valid use of its police authority and a response to concerns that the social media app is giving users' personal information to the Chinese government.
The state wrote in a memorandum submitted to the US District Court of Montana, "We urge that the government's restriction on the use of the app be upheld before it takes effect January 1, 2024. This ban does not violate the First Amendment since its main objective is to protect customers from damage rather than to limit the expressive activity made possible by the app.
In May, Montana's governor Greg Gianforte signed a bill into law that forbids TikTok from functioning there starting in January 2024. The bill also forbids app shops from making TikTok available for download across devices. According to the law, the Chinese corporation ByteDance's TikTok app poses a risk to user privacy and private information.
For several reasons, including that the law infringes on the company's and its users' First Amendment rights to freedom of expression, TikTok filed a lawsuit in May to stop the first government ban of its sort in the United States. Another lawsuit was also brought by app users.
"The federal government, other states, and other countries have recognized the dangers of TikTok because it is controlled by Chinese Communist Party officials, but Montana is the first state to take action and protect the privacy of its citizens," said Austin Knudsen, the attorney general of Montana.
The state of Montana has the authority to outlaw harmful products, according to Knudsen, who also claimed that the state legislature did the right thing by banning TikTok from operating there while it is controlled by an adversary from abroad. He added: "My office is looking forward to vehemently defending the law as this continues.""the case"
On October 12, a hearing regarding TikTok's request for a preliminary injunction will take place.
More than 150 million Americans use the Chinese platform, but there have been increasing calls from US lawmakers for a national ban due to worries about possible Chinese government involvement.
The platform claims that it has taken extensive steps to safeguard the privacy and security of its users and has not shared and will not share US user data with the Chinese government.
Montana has the authority to pay a platform $10,000 for each infraction, but the legislation exempts specific individuals from punishment.
More than a third of the 1.1 million people who call Montana home—or 380,000—are reportedly TikTok users.
In 2020, former US President Donald Trump attempted to outlaw new app downloads, but the ban was thwarted by a number of judicial rulings.
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