FILE - The icon for the video sharing TikTok app is seen on a smartphone, Feb. 28, 2023, in Marple Township, Pa. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
FILE - Adam Botkin a football TikTok influencer, records a video for a post at Washington-Grizzly Stadium in Missoula, Mont., on May 1, 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. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
FILE - In this photo provided by the Montana Governor's Office, Republican Gov. Greg Gianforte signs a law banning TikTok in the state, May 17, 2023, in Helena, Mont. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
FILE - The icon for the video sharing TikTok app is seen on a smartphone, Feb. 28, 2023, in Marple Township, Pa. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
Matt Slocum - staff, AP
FILE - Adam Botkin a football TikTok influencer, records a video for a post at Washington-Grizzly Stadium in Missoula, Mont., on May 1, 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. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
Tommy Martino - freelancer, FR171769 AP
FILE - In this photo provided by the Montana Governor's Office, Republican Gov. Greg Gianforte signs a law banning TikTok in the state, May 17, 2023, in Helena, Mont. TikTok, Inc., filed a lawsuit Monday, May 22, 2023, 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
HELENA, Mont. (AP) — Social media company TikTok Inc. filed a lawsuit Monday 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 and is based on “unfounded speculation” that the Chinese government could access users' data.
The lawsuit by TikTok itself follows one filed last week by five content creators who made the same arguments, including that the state of Montana has no authority to take action on matters of national security. Both lawsuits were filed in federal court in Missoula.
Republican Gov. Greg Gianforte signed the bill Wednesday and the content creators' lawsuit was filed hours later. The law is scheduled to take effect on Jan. 1.
Some lawmakers, the FBI and officials at other agencies are concerned that the video-sharing app, owned by the Chinese tech company 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.
Chinese law compels Chinese companies to share data with the government for whatever purposes it deems to involve national security. TikTok says this has never happened.
“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen, whose office drafted the bill, told a legislative committee in March. Knudsen's office has said they expected lawsuits and were prepared to defend the new law.
The federal government and about half the U.S. states, including Montana, have banned TikTok from government-owned devices.
Montana’s new law prohibits downloads of TikTok in the state. It 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.
Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.
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