In an anticipated move following Montana’s landmark decision to ban TikTok, influencers on the platform have initiated a counterstrike. On Wednesday, Montana became the first state to impose a ban on TikTok, immediately triggering a lawsuit from five TikTokers with a significant number of followers. They argue that the ban is a clear constitutional violation and conflicts with federal law.
Montana’s ban faces intense scrutiny
These influencers contest the ban’s validity, stating that the state’s proclaimed intent to protect minors and guard against foreign spying doesn’t justify a blanket ban on TikTok. In their view, Montana has exceeded its authority by attempting to shape U.S. foreign policy and national security concerns. They maintain that the ban is excessively broad, suppressing more speech than is legally permissible.
Asserting their First Amendment rights, the TikTokers argue that the state has employed the most restrictive means rather than seeking the “least restrictive means” required when a compelling interest to regulate speech exists. They insist that Montana’s ban is an extreme measure, particularly as discussions continue between TikTok and the U.S. federal government regarding the app’s operation in the country.
For all the plaintiffs, TikTok is invaluable. Some depend on it as a vital income source, while others use it to disseminate information, foster community ties, and stay abreast of current news. They also employ it as a tool for communicating with local politicians. The complaint underscores their inability to envision an America without TikTok, suggesting that unlike other social media platforms such as Instagram and YouTube, TikTok’s unique recommendation system presents unparalleled opportunities for user engagement.
The TikTokers claim that the ban infringes upon their property rights, including their followers and income derived from TikTok. They argue that they were not given sufficient notice or a chance to respond to these deprivations. If the ban takes effect on January 1, 2024, they fear that they will suffer “irreparable harm” due to the impairment of their self-expression and interpersonal communication.
Supreme court likely to review Montana’s ban
Montana Governor Greg Gianforte had proposed amendments to address specific legal and technical issues related to the ban prior to signing it into law. However, the legislative session ended before these amendments could be discussed. Consequently, the ban was signed without these revisions. Given its unprecedented nature, the TikTokers believe that the ban will inevitably draw the attention of the U.S. Supreme Court.
We’ll be keeping a close eye on how this situation evolves. We’re keen to know your thoughts on Montana’s extraordinary ban on TikTok. What impact do you envisage this will have on the platform and its user base? Share your views in the comments section below!
