The suit alleging First Amendment violations will serve as a bellwether for legal obstacles the government faces if it passes a national ban on the app. Courts have previously blocked attempts to ban foreign-owned social media and messaging apps.
TikTok is suing Montana to overturn a law aimed at stopping the app from being downloaded within the state.
The complaint filed on May 22 in federal court claims that a ban of TikTok violates the First Amendment by “unconstitutionally shutting down the forum for speech for all speakers on the app.” The Chinese-owned video app, used by more than 150 million users in the U.S., argues it’s a vital platform for communication and expression.
Additionally, TikTok says that any blanket prohibition of app at the state level is preempted by federal law since “foreign affairs and national security are matters over which the U.S. Constitution vests exclusive authority in the federal government.”
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