TikTok has filed a lawsuit challenging the state of Montana’s new ban on use of the Chinese-owned short-video app.
- The lawsuit argues the ban is pre-empted by federal law because it intrudes upon matters of exclusive federal concern
- It also argues it violates the Commerce Clause of the US Constitution, which limits the authority of states to enact legislation
- Montana is the first US state to attempt to ban the Chinese app
ByteDance-owned TikTok argued the ban, which would take effect on January 1, violates the First Amendment rights of the company and users.