Montana Governor, Greg Gianforte’s ban of TikTok has been confronted with a law suit by some Tiktok users who sued to reverse the ban.
They are stated that the ban alleges that the law signed this week by Gov. Greg Gianforte violates the First Amendment.
According to CNN, the complaint filed Wednesday evening in the US District Court for the District of Montana — hours after the governor’s signature — compares TikTok to other types of media in claiming that the state lacks the authority to keep Montanans from accessing and creating lawful speech.
The complaint, filed by five TikTok creators, including a small swimwear business, a rancher and a former Marine sergeant read:
“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes.”
Meanwhile, the lawsuit is considered to be the first challenge to a controversial ban that goes far beyond the restrictions Montana and other states have already enacted to prohibit TikTok on official government devices.
Its also interesting to know that while the ban takes its course, it would not penalize individuals for using TikTok. Rather, the new ban attempts to prohibit TikTok from operating in the state and to block downloads of TikTok on personal devices.
Although, in the midst of the ban issue, a spokesperson for Gianforte didn’t immediately respond to a request for comment.
In response to the ban, Emily Flower, a spokeswoman for Montana Attorney General Austin Knudsen, in a statement saud, “we expected a legal challenge and are fully prepared to defend the law.”
In addition to the First Amendment claims, the lawsuit argues Montana’s ban deprives TikTok users of many other rights without due process, in violation of the Fourteenth Amendment.
It also alleges the ban unconstitutionally conflicts with federal authority to set foreign policy and to oversee interstate commerce. And it claims the ban undercuts the federal government’s powers under the International Emergency Economic Powers Act.
