TikTok has taken legal action to prevent the state of Montana in the United States from implementing a ban on its social media platform, becoming the first state to do so. The Chinese-owned video-sharing app argues that the ban infringes upon free speech rights in the US. TikTok has faced increased scrutiny from authorities worldwide due to concerns over data privacy and the potential sharing of user information with the Chinese government.


The lawsuit was filed on Monday in the US District Court for the District of Montana, challenging the legality of the ban, the BBC reports. TikTok aims to protect its business and the hundreds of thousands of users in Montana, as stated in a spokesperson's official statement. The company believes it has strong legal grounds for success, supported by previous legal precedents and factual evidence.


According to TikTok's lawsuit, the ban violates the First Amendment of the US Constitution, which guarantees freedom of speech. The company argues that the ban unconstitutionally restricts speech for all users on the app, effectively shutting down a platform for expression.


Scheduled to take effect in January 2024, the ban would make it illegal for app stores to offer TikTok. However, individuals who already have the app would not be prohibited from using it.


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Montana, with a population of just over one million, had previously banned the app on government devices in December of the previous year.


TikTok boasts 150 million American users, primarily teenagers and individuals in their twenties. Despite its growing user base, concerns about national security risks associated with TikTok persist across the political spectrum in the US.


As a Chinese-owned platform, TikTok is owned by ByteDance, a company that has consistently denied being controlled by the Chinese government.


The lawsuit also argues that Montana has exceeded its jurisdiction by involving itself in matters related to user data and national security, which fall under the federal government's purview. It claims that the ban is founded on speculative assumptions regarding China's government accessing TikTok data.


Montana's government lawyers anticipate legal challenges and assert their readiness to defend the ban in court.