In courtroom instances, attorneys representing TikTok creators argue that the ban is unconstitutional and violates their First Modification rights. Additionally they disagree with Montana’s nationwide safety justification for the ban.
“Montana doesn’t have the authority to enact legal guidelines that advance what it believes must be the overseas coverage of the United States or its nationwide safety pursuits, nor can Montana ban a complete discussion board for communication primarily based on its notion that some speech is proliferating on this discussion board, though protected by the First Modification is harmful,” the lawsuit . “Montana cannot ban its residents from viewing or posting on TikTok any greater than it could possibly ban the Wall Road Journal as a result of of who owns it or the concepts it publishes.”
In on Fox InformationMontana Legal professional Basic Austin Knudsen mentioned a authorized problem to the ban is predicted. “There are some necessary points right here, and I believe we most likely want the federal courts to step in and reply for us,” he mentioned. “And that was half of our calculations to try this.”
The lawsuit is one of the first authorized challenges to the legislation and can probably be carefully watched as federal officers assessment the software. Montana’s ban is at the moment set to take impact on Jan. 1, 2024, although lawsuits difficult it may push again that date. TikTok itself has not commented on whether or not it plans to launch its personal lawsuit in Montana, however mentioned in a press release after the invoice was signed that it plans to “shield the rights of our customers in Montana and past.”
