Chinese company ByteDance and five content creators have filed a lawsuit claiming that Montana cannot ban Tiktok. Montana has requested a judge to allow the ban in the meantime.
"The federal government has already determined that China is a foreign adversary. And the concerns with TikTok are well documented at both the state and federal level," the brief said. The Montana law,"therefore, furthers the public interest because it protects the public from the harms inseparable from TikTok’s operation."
Republican Gov. Greg Gianforte signs a law banning TikTok in the state on Montana on May 17, 2023, in Helena. Disallowing Montana's regulation of TikTok would be like preventing the state from banning a cancer-causing radio"merely because that radio also transmitted protected speech," the brief argues.
There are other applications people can use to express themselves and communicate with others, the state argues. The plaintiffs have said their greatest social media following is on TikTok.TikTok has safeguards to moderate content and protect minors, and would not share information with China, the company has argued. But critics have pointed to China’s 2017 national intelligence law that compels companies to cooperate with the country’s governments for state intelligence work.
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