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TikTok sues Montana due to alleged First Amendment violation opposing new state law that would ban the platform

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Per CNBC

Montana has recently passed a state law that would ban the use of TikTok within the state. Now, the platform has decided to counter by filing a lawsuit against the state, citing alleged violations of the First Amendment.

TikTok filed the lawsuit in the United States District Court for the District of Montana on Monday. ByteDance, the app's parent company, explained why they decided to file the lawsuit.

Per ByteDance lawyers, the banning of TikTok was "unlawful"  and that this would violate the US Constitution itself. In the statement by attorneys, they alleged that the ban violates "freedom of speech."

ByteDance attorneys: “Montana’s ban abridges freedom of speech in violation of the First Amendment, violates the U.S. Constitution in multiple other respects and is preempted by federal law,”

The reason why Montana decided to ban TikTok was due to it possibly being used by the Chinese government. The ban was imposed as they said alleged that the app could be used for intelligence-gathering operations by the Chinese government.

The move was an "important measure," according to Montana Gov. Greg Gianforte, who said that the move would help protect the people of Montana from "Chinese Communist Party surveillance."

In mid-April, Montana lawmakers passed the bill that blocked people from downloading TikTok. The bill, SB 419, makes it illegal for app stores to allow users to download the app and also illegal for the company to operate within the state.

TikTok, Apple, and Google could face fines if they violate the ban. Now the bill has turned into state law.

In December, it was reported that TikTok allegedly spied on Forbes journalists. This led to the company letting go of four employees.

Forbes reported that TikTok would spy on their journalists by listening to audio and following keystrokes, which was something that TikTok denies doing. So far, aside from Montana, TikTok has already been banned from US Senate devices.

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