'We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,' a TikTok spokesperson said.
) liable if they make TikTok available for download in the state. Each violation would cost the companies $10,000 per user and an additional $10,000 for each day the app remains available.
TikTok claims the lawsuit violates the First Amendment by preventing the company and its users from accessing the app and shutting down a forum of free speech. As for federal preemption, the company says the ban is based on Montana's concerns about national security. Because of that, it states Montana can't pass the ban since national security falls under the federal government's purview.
First Amendment experts have already come forward saying the ban likely violates both TikTok's and user's free speech rights."The ban is a dramatic and unconstitutional incursion on the First Amendment rights of Montanans," Ramya Krishnan, staff attorney at the Knight First Amendment Institute and a lecturer in law at Columbia Law School told Yahoo Finance. "To justify the ban, Montana would have to show that it's necessary to prevent actual harms.
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