TikTok to Argue in Court Against Montana’s Ban of Its App

TikTok is scheduled to present arguments before a federal judge Thursday (Oct. 12), aiming to get a preliminary injunction against a Montana ban on its app that is to take effect at the beginning of the year.

The social media platform, which is owned by Beijing-based ByteDance, has been embroiled in a legal battle with Montana since the state passed a law that would ban the app, citing concerns over residents’ privacy, The Wall Street Journal (WSJ) reported Thursday.

TikTok filed a lawsuit in May against Montana, alleging that the ban violates the First Amendment, according to the report. The company’s lawyers argued that the Montana ban infringes upon free speech rights and that the state lacks the authority to enact such a ban. They said the responsibility for regulating the app lies with the federal government.

On the other hand, Montana’s attorney general, Austin Knudsen, argued that the state has the power to regulate products and businesses that cause unjustifiable harm, the report said. Knudsen added that TikTok cannot hide behind the First Amendment, pointing to a Supreme Court ruling from 1986, which held that a bookstore involved in illegal activities was not protected under the First Amendment.

The outcome of the preliminary injunction sought by TikTok could provide insight into how the judge will rule in the eventual case, which may potentially reach the Supreme Court, per the report. If the preliminary injunction is granted, it would be a victory for TikTok, indicating that the judge believes the company has a strong chance of winning the overall case. However, even if the injunction is denied, TikTok could still prevail.

The implications of the legal battle are far-reaching for TikTok’s operations in the United States, the report said. If the ban is upheld, it remains unclear how it would be enforced and what would happen to Montanans who have already downloaded the app. TikTok has previously faced scrutiny from the U.S. government, with demands for its Chinese owners to sell their stakes in the app or face a potential nationwide ban.

Montana became the first U.S. state to pass legislation banning TikTok on all personal devices in April.

TikTok’s lawsuit challenging the ban has received support from two tech groups and five content creators.