Content Creators Sue Montana over TikTok Ban

Creators who use the app to boost their income are not happy

BY Emilie Richardson-DupuisPublished May 19, 2023

Well that was quick! Five Montana content creators have banded together to file a lawsuit seeking to overturn Montana's TikTok ban mere hours after the ban was signed into law yesterday by Republican Governor Greg Gianforte.

The plaintiffs argue that the law infringes on First Amendment rights and claim that the state lacks authority over matters of national security. Gianforte explained that the ban aims to protect residents' private data from being harvested by the Chinese government. The law is scheduled to take effect on January 1, 2024.

"We expected a legal challenge and are fully prepared to defend the law," Emily Flower, spokeswoman for the Montana Department of Justice, said in a statement.

The complaint states that the law is overly broad, restricting the speech of all TikTok users in Montana to prevent the possibility of Chinese government-directed spying.

The content creators involved in the lawsuit use TikTok for various reasons, such as promoting businesses, connecting with military veterans, and sharing humour and outdoor adventures. One creator, Carly Ann Goddard, has nearly 100,000 followers and has approximately tripled her family's income through the platform.

The case could have broader implications as lawmakers envision a TikTok-free America due to concerns about national security and Chinese influence. Montana's law, which prohibits app downloads and imposes fines of up to $10,000 USD daily to violators, could be rendered void if the federal government bans the app or if it's sold to a company based in a country not designated as a foreign adversary.

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