Montana AG urges court to dismiss TikTok’s challenge to state ban.
Montana Attorney General Seeks to Uphold State Ban on TikTok
By David Shepardson
Montana’s attorney general has taken a stand against the popular short video sharing app TikTok. The state has implemented a first-of-its-kind ban on the app, set to take effect on January 1. Attorney General Austin Knudsen is urging a U.S. judge to support the ban, arguing that it is necessary to protect the state from potential harm caused by a foreign adversary.
TikTok, owned by China’s ByteDance, has filed a lawsuit against the ban, claiming that it infringes on the company’s and users’ First Amendment rights. However, Attorney General Knudsen argues that the ban is justified as it aims to protect the state from potential harm caused by a foreign adversary.
In a legal filing, Knudsen states that Montana has the authority to ban harmful products without violating free speech rights. He compares the ban to prohibiting cancer-causing radios or sports-betting apps that promote illegal gambling. According to Knudsen, the ban targets nonexpressive harms such as preventing cancer, illegal gambling, and data-gathering by a hostile foreign state.
A hearing on TikTok’s request for a preliminary injunction is scheduled for October 12.
TikTok, which is used by over 150 million Americans, has faced increasing scrutiny from U.S. lawmakers due to concerns about potential Chinese government influence. The company has repeatedly denied sharing U.S. user data with the Chinese government and claims to have implemented measures to protect user privacy and security.
If TikTok violates the ban in Montana, the state could impose fines of $10,000 per violation. However, individual TikTok users would not face penalties.
Former President Donald Trump previously attempted to ban TikTok and another Chinese-owned app, WeChat, but court decisions prevented the bans from taking effect. Efforts to strengthen the Biden administration’s legal tools to regulate TikTok have stalled in Congress.
Attorney General Knudsen criticizes TikTok’s apparent position that it cannot be regulated by anyone, emphasizing the need for oversight.
The American Civil Liberties Union has also raised concerns about the ban, calling it unconstitutional and a restriction on protected expression and association.
(Reporting by David Shepardson; editing by Jonathan Oatis)
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