procedural guides

TikTok Sues Montana

In an unprecedented move, Montana has enacted a law making it illegal to download the TikTok app. Equally unprecedented is TikTok’s filing a of lawsuit against the state citing First Amendment violations.

To clarify, the law makes it illegal for app stores to make it possible for users in Montana to download the app and the company cannot operate in the state. Each violation will cost the company a $10,000 penalty, enforced by the Montana Justice Department.

“The bill does not, however, make it illegal for people who already have TikTok to use the app. A previous version of the bill sought to force internet providers to block TikTok, but that language was later removed.” Uwa Ede-Osifo, NBC News

(In a similar, but not as strict move, Utah is enacting laws preventing anyone under the age of 18 to download social media apps; children with permission from parents will be exempt from the law.)

According to Emily Flower, Montana Department of Justice spokesperson, “the Chinese Communist Party is using TikTok as a tool to spy on Americans by collecting personal information, keystrokes, and even the locations of its users — and by extension, people without TikTok who affiliate with users may have information about themselves shared without even knowing it,”  -NPR

According to NBC News, Montana’s Governor Gianforte had amended the bill to include all social media earlier this month but the added language targeting other social media platforms was not included in the final version of the bill. 

Also of note is that five TikTok creators in Montana have also sued the state citing protected speech as well as what they feel is a misguided effort by one state to enact national security measures. 


Sources

TikTok sues Montana over its new law banning the app

Montana on cusp of becoming first state to block TikTok downloads


Image courtesy of Alexander Shatov