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A group of TikTok creators have sued to block a recently signed law<\/a> that bans the app\u2019s operation in Montana. The suit, filed last night and announced today<\/a>, alleges that Montana\u2019s SB 419 is an unconstitutional and overly broad infringement of their right to speech. <\/p>\n<\/div>\n \u201cMontana has no authority to enact laws advancing what it believes should be the United States\u2019 foreign policy or its national security interests, nor may Montana ban an entire forum for communication based on its perceptions that some speech shared through that forum, though protected by the First Amendment, is dangerous,\u201d says the suit<\/a>, filed by law firm Davis Wright Tremaine. \u201cMontana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal<\/em> because of who owns it or the ideas it publishes.\u201d<\/p>\n<\/div>\n Davis Wright Tremaine was behind a similar suit filed by TikTok users in 2020 after then-President Donald Trump issued an executive order banning the ByteDance-owned app. Trump, like Montana lawmakers, claimed that TikTok\u2019s Chinese ownership made it a national security threat. The firm successfully secured a temporary halt<\/a> to the order \u2014 which was later revoked<\/a> by incoming President Joe Biden.<\/p>\n<\/div>\n This week\u2019s lawsuit attacks the Montana law on several fronts. It argues that Montana is depriving state residents of a forum for sharing and receiving speech, violating their First Amendment rights. It also argues that SB 419 violates the Commerce Clause by effectively restricting interstate commerce. And it says the law is preempted by federal sanctions powers.<\/p>\n<\/div>\n The suit defends TikTok as a way to learn about current affairs, promote local businesses, and \u201cshowcase the natural beauty\u201d of Montana, offering a counterpoint to SB 419\u2019s claims that the app encourages dangerous stunts and promotes inappropriate content. Its plaintiffs include the owner of a small Montana-based swimwear business that has gained a following on TikTok, as well as a US Marine Corps veteran, a college student, a rancher, and a comedian, all of whom share videos and make money through the app.<\/p>\n<\/div>\n Restricting app access on a state-by-state basis raises numerous logistical problems<\/a> for TikTok, mobile app stores, and users. SB 419 says that TikTok \u201cmay not operate\u201d within the state of Montana and that storefronts like the iOS App Store and the Google Play Store may not offer it for download at risk of fines. (Users would not be penalized for accessing TikTok.) As noted by the lawsuit, Governor Greg Gianforte unsuccessfully attempted to rewrite the bill<\/a> to address concerns before signing it. The law would be declared void if TikTok is spun off from Chinese ownership or if federal lawmakers passed their own TikTok ban like the RESTRICT Act<\/a>. Otherwise, it\u2019s set to take effect in January of 2024 \u2014 unless this legal challenge, or one like it, successfully blocks the rule.<\/p>\n<\/div>\n