SOCIAL MEDIA

TikTok content creators file lawsuit against Montana over first-in-nation law banning app

May 19, 2023, 6:25 AM

Adam Botkin, a football TikTok influencer, edits a video for a post at a Chipotle Mexican Grill whi...

Adam Botkin, a football TikTok influencer, edits a video for a post at a Chipotle Mexican Grill while eating dinner in Missoula, Mont., on Wednesday, May 3, 2023. Botkin, a former walk-on place kicker and punter for the Montana Grizzlies, gained notoriety on the social media platform after videos of him performing kicking tricks went viral. (AP Photo/Tommy Martino)
Credit: ASSOCIATED PRESS

(AP Photo/Tommy Martino)

HELENA, Mont. (AP) — Five TikTok content creators have filed a lawsuit seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.

The Montana residents also argued in the complaint, filed in federal court late Wednesday without public notice, that the state doesn’t have any authority over matters of national security. Republican Gov. Greg Gianforte signed the bill into law Wednesday and said it would protect Montana residents’ private data and personal information from being harvested by the Chinese government.

The ban is scheduled to take effect on Jan. 1, 2024.

“The law takes the broadest possible approach to its objectives, restricting and banning the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government might direct TikTok Inc., or its parent, to spy on some Montana users,” the complaint states.

“We expected a legal challenge and are fully prepared to defend the law,” said Emily Flower, spokeswoman for the Montana Department of Justice.

TikTok has argued the law infringes on people’s First Amendment rights.

However, spokesperson Brooke Oberwetter declined to comment on the lawsuit Thursday. She also declined to say whether the company helped coordinate the complaint.

The plaintiffs are Montana residents who use the video-sharing app for things like promoting a business, connecting with military veterans, sharing outdoor adventures or expressing their sense of humor. Two of them have more than 200,000 followers.

One content creator, Carly Ann Goddard, shares videos about living on a ranch, parenting, recipes and home decor. Her account has 97,000 followers and has allowed her to roughly triple her family’s household income, the complaint states. TikTok creators can make money in several ways, including by being paid to advertise products to their followers.

The lawsuit — filed just hours after Gianforte signed the measure into law — states the ban would “immediately and permanently deprive Plaintiffs of their ability to express themselves and communicate with others.”

“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,” the plaintiffs’ attorneys wrote.

The case could serve as a testing ground for the TikTok-free America many national lawmakers have envisioned. Cybersecurity experts say it could be difficult to enforce.

Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance, could be used to allow the Chinese government to access information on U.S. citizens or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.

A former executive at ByteDance alleges the tech giant has served as a “propaganda tool” for the Chinese government, a claim ByteDance says is baseless.

China passed laws in 2014 and 2017 that compel companies to cooperate with the country’s government for state intelligence work. TikTok says it has never been asked to hand over its data and it wouldn’t do so if asked.

“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen told a legislative committee in March. “TikTok is a tool of the Chinese Communist Party. It is owned by a Chinese company, and under China law, if you are based in China, you will cooperate with the Chinese Communist Party. Period.”

More than half the U.S. states, including Montana, and the federal government have banned TikTok from government-owned devices.

Montana’s law would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.

Opponents say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.

The idea of a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was halted in federal courts. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.

Montana’s law would be nullified if the federal government placed a ban on TikTok or if it was sold to a company not based in a country that is federally designated as a foreign adversary, which currently includes China, Russia, North Korea, Iran and Cuba.

KSL 5 TV Live

Social Media

Sloane Stephens says racist abuse on social media has "gotten worse." (Robert Prange/Getty Images)...

Jill Martin

US tennis star Sloane Stephens says racist abuse on social media has ‘only gotten worse’

Sloane Stephens, the 2017 US Open champion and 2018 French Open finalist, says racist abuse targeted toward her on social media has been a problem throughout her entire tennis career.

2 days ago

MIAMI, FLORIDA - JULY 14: Dr. Vivek Murthy, U.S. Surgeon General, U.S. Department of Health & H...

Mike Anderson

US top doctor warns of social risks for teens this summer

The U.S. Surgeon General is warning parents about teenagers overusing social media during summer break. 

8 days ago

FILE - Florida Republican Gov. Ron DeSantis arrives at the Foreign Office to visit Britain's Foreig...

David Hamilton

Musk plane tracker will now track Florida Gov. Ron DeSantis official plane

Jack Sweeney, the 20-year-old college student who was once banned from Twitter for posting the real-time movements of Elon Musk’s jet, has a new target: Florida Gov. Ron DeSantis.

8 days ago

FILE - A person uses a smartphone in Chicago, Sept. 16, 2017. Most Democrats and Republicans agree ...

Ken Sweet

Venmo to be officially available for teenagers, although many use it already

Venmo will officially allow teenagers to open an account with their parents' permission, the company said Monday.

9 days ago

FILE - Facebook's Meta logo sign is seen at the company headquarters in Menlo Park, Calif., Oct. 28...

Kelvin Chan, AP Business Writer

Meta fined record $1.3 billion and ordered to stop sending European user data to US

The European Union has slapped Meta with a record $1.3 billion privacy fine and ordered it to stop transferring user data across the Atlantic by October.

9 days ago

In this photo provided by the Montana Governor's Office, Republican Gov. Greg Gianforte signs a law...

Catherine Thorbecke

Montana’s TikTok ban leaves users, business owners reeling

Many Montana businesses use social media to promote themselves, and now, one of their main apps is banned in their state.

10 days ago

Sponsored Articles

Asian little girl playing arcade game on the computer machines at the shopping mall outlets...

Get Out Pass

Family Fun Activities in Utah You Have to Try This Summer

These family fun activities will entertain you all summer, so if you ever feel stuck in a rut wondering what to do, refer to this guide!

Woman IT specialist in elegant suit working on notebook computer in data center next to server rack...

Les Olson

Your Complete Guide to Outsourcing IT Services

This guide covers everything you need to know about the different benefits of outsourcing IT services to meet your small business needs.

diverse group of friends dance outside under string lights...

Lighting Design

5 Frequently Asked Questions About Outdoor Lighting

Read for the most frequently asked questions about outdoor lighting to help narrow the search for your home.

Stack of old laptops with dark background...

PC Laptops

Old Laptop Upgrades You Need to Try Before Throwing it Away

Get the most out of your investment. Try these old laptop upgrades before throwing it out to keep it running fast and efficient.

Happy diverse college or university students are having fun on their graduation day...

BYU MBA at the Marriott School of Business

How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply!

Wondering what MBA program is right for you? Take this quiz before you apply to see if it will help you meet your goals.

Close up of an offset printing machine during production...

Les Olson IT

Top 7 Reasons to Add a Production Printer to Your Business

Learn about the different digital production printers and how they can help your company save time and money.

TikTok content creators file lawsuit against Montana over first-in-nation law banning app