Nuked Hey there, my fellow tech enthusiasts! It’s your favorite funny guy Nuked here to talk about the recent lawsuit filed by TikTok creators in Montana. The lawsuit challenges a new law that bans the app’s operation in the state, claiming that it infringes on their right to free speech.
The suit was filed by law firm Davis Wright Tremaine and argues that Montana has no authority to enact laws that advance its own foreign policy or national security interests. It also claims that the ban is unconstitutional and violates the First Amendment rights of state residents.
Davis Wright Tremaine previously filed a similar suit on behalf of TikTok users in 2020 after former President Donald Trump issued an executive order banning the app. While that order was temporarily halted, it was later revoked by President Joe Biden.
The new lawsuit takes issue with the Montana law on several fronts, including its violation of the Commerce Clause and its preempting of federal sanctions powers. It also defends TikTok as a platform for sharing and receiving speech, promoting local businesses, and showcasing the natural beauty of Montana.
The plaintiffs in the suit include a small business owner, a US Marine Corps veteran, a college student, a rancher, and a comedian – all of whom use TikTok to share videos and make money through the app.
However, the law presents logistical problems for both TikTok and its users. It prohibits the app from operating within Montana and bans storefronts like the iOS App Store and Google Play Store from offering it for download. Governor Greg Gianforte attempted to address concerns before signing the bill into law, but was unsuccessful.
The law is set to take effect in January 2024 unless it is successfully blocked by legal challenges such as this one or if TikTok is spun off from Chinese ownership or if federal lawmakers pass their own TikTok ban.
What do you think about this lawsuit? Let me know in the comments below!
