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TikTok is suing the state of Montana, USA, after implementing a state law ban |  technology

TikTok is suing the state of Montana, USA, after implementing a state law ban | technology

An image from 2023 shows the TikTok building in California – Image: Damian Dovarganes/AP

TikTok filed a lawsuit on Monday (22) to challenge the decision of the US state of Montana to ban downloading the app in its territory as of January 1, 2024.

This measure prevents the social network from operating in the state and being available on the Google and Apple app stores.

In the lawsuit, TikTok argues that the ban violates First Amendment rights to the US Constitution for the company and its users. The First Amendment prohibits laws that restrict freedom of religion, speech, or the press.

The platform also claims that the ban cannot exist because it interferes with matters of exclusive federal interest and violates the Commerce Clause of the US Constitution, which limits the power of states to enact legislation that unduly burdens interstate and foreign commerce.

Montana said it “expelled TikTok, and only TikTok, from the state on purely punitive grounds, as evidenced by the state’s decision to remove the perpetrator for severe penalties based on speculative concerns about TikTok’s data security practices and content moderation.” The suit is filed in the US District Court in the state of Montana.

Last week, five Montanaans who created content on TikTok sued in federal court seeking to block the state’s ban.

In 2020, former US President Donald Trump signed a decree banning new downloads of Chinese applications TikTok and WeChat, but the decision was blocked by several courts and did not enter into force.

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