Tiktok Inc. V. Knudsen
TikTok Inc. has filed a lawsuit against the Attorney General of Montana to prevent the state from unlawfully banning TikTok. The ban, which was signed into law on May 17, 2023, prohibits the operation of TikTok throughout the state and imposes a $10,000 penalty for each "discrete violation." TikTok argues that the ban violates the First Amendment, is preempted by federal law, and violates the Commerce Clause of the U.S. Constitution. TikTok claims that the ban is based on unfounded speculation that the Chinese government could access data about TikTok users and that TikTok exposes minors to harmful online content. TikTok argues that it has taken substantial measures to protect the privacy and security of its users and that the ban is an extreme step that is inconsistent with the Constitution. TikTok seeks a declaratory judgment and order invalidating and preliminarily and permanently enjoining the defendant from enforcing the TikTok Ban. The court has jurisdiction under various federal laws and rules, and venue is proper in this district and division.
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