Five users of TikTok have filed a lawsuit in a federal court to overturn the overall ban which has been imposed on the video-sharing app in Montana, saying that the restriction violates their right to free speech.
The lawsuit has been filed hours after the unprecedented prohibition into law was Montana Governor Greg Gianforte on Wednesday.
Taking to Twitter, Gianforte said that the ban has been endorsed by him to “protect Montanans’ personal and private data from the Chinese Communist Party”.
The filed lawsuit states that national security power is being exercised by the state which only the federal government has power to wield and hence, it is violating people’s right to free speech in the process.
“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” argued the lawsuit.
TikTok – China’s tool of espionage?
Chinese firm ByteDance, which owns the application, has been accused by several US politicians of the Chinese government’s tutelage and they have called it a tool of espionage being used by Beijing, something which has been furiously denied by the company.
The plaintiffs mentioned in the legal suit include a businesswoman who sells swimwear, a mother living with her family on a ranch, a former US Marine Corps sergeant, and a student who shares video snippets featuring her outdoor adventures.
TikTok content creators enjoy a significant following on the platform and make money from it, as per the suit. The suit has appealed to the court to stop Montana’s government from enforcing the ban and to ensure that the legal costs of the plaintiffs are paid.
Montana has become the first state in the country to ban TikTok as the law will come into effect next year and debates continue to escalate over the popular video app’s impact and security.
WATCH | TikTok users file lawsuit to block Montana ban
The prohibition will act as a legal test to see whether the Chinese-owned platform can be banned nationally, something which is being increasingly demanded by lawmakers in Washington.
The imposition of the ban makes it a violation each time “a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok.”
For every violation, a fine of $10,000 will be imposed every day it takes place.
As per the law, Google and Apple will have to drop TikTok from their app stores or else they will also face daily fines.
(With inputs from agencies)
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