5 TikTok Creators Sue Montana Over Statewide App Ban

In this photo illustration, a mobile phone can be seen displaying the logos for Chinese apps WeChat and TikTok in front of a monitor showing the flags of the United States and China on an internet page. Kevin Frayer/Getty Images

Five TikTok content creators have filed a lawsuit against Montana Attorney General Austin Knudsen, challenging the state’s recent ban on the popular Chinese-owned video platform.

Samantha Alario, Heather Dirocco, Carly Ann Goddard, Alice Held, and Dale Stout, represented by their legal team, argue that the ban violates their constitutional right to free speech, even if the speech is considered dangerous. They also dispute Montana’s national security justification for the ban.

“Montana has no authority to enact laws advancing what it believes should be the United States’ foreign policy or its national security interests," the lawsuit states (pdf), “nor may Montana ban an entire forum for communication based on its perceptions that some speech shared through that forum, though protected by the First Amendment, is dangerous.”

The lawsuit draws a parallel, arguing that just as it would be inappropriate to “ban the Wall Street Journal because of who owns it or the ideas it publishes,” prohibiting access to TikTok is unjust and unreasonable.

Alario uses TikTok to promote her small business “that designs and sells sustainable swimwear,” according to the lawsuit. DiRocco, a Marine Corps veteran, claims to derive a “substantial portion” of her income from the app, which she says she uses to “connect with other veterans and to create content on topics including comedy, makeup, and mental health.”

The lawsuit claims that Goddard, who lives in Custer, has tripled her family’s income by sharing videos of life on their ranch, while Held and Stout, who both live in Missoula, share videos of “outdoor adventures” and “humorous videos,” respectively.

Montana Lists Several Justifications for Ban

Senate Bill 419 (pdf) was signed by Gov. Greg Gianforte on Wednesday. The legislation outlines several justifications for banning TikTok in Montana.

It highlights concerns that China, as an adversary of the United States and Montana, could exploit the platform to gather information for corporate and international espionage purposes, including real-time physical locations of public officials, journalists, and individuals unfavorable to the authoritarian Chinese Communist Party (CCP).

The bill also references warnings from the FBI and Federal Communications Commission (FCC) regarding potential threats to U.S. national security posed by TikTok, such as the potential sharing of user data, like browsing history and location, with the Chinese regime.

In late 2022, such security concerns were heightened amid media reports that staff of ByteDance used the company’s access to TikTok user data to improperly track U.S. journalists.

Montana’s concerns extend to privacy issues, as TikTok’s access to user data raises apprehension about the protection of personal information.

The bill further points out TikTok’s alleged failure to remove and potentially promote dangerous content that encourages minors to engage in risky activities, posing a threat to the health and safety of Montana’s residents.

It lists examples of such activities, including but not limited to throwing objects at moving vehicles, consuming excessive medication, engaging in self-harm, inducing unconsciousness “through oxygen deprivation,” and participating in other harmful actions.

Some of the alleged harmful actions cited in the bill include “pouring hot wax on a user’s face, attempting to break an unsuspecting passerby’s skull by tripping him or her into landing face first into a hard surface, placing metal objects in electrical outlets, swerving cars at high rates of speed, smearing human feces on toddlers, licking doorknobs and toilet seats to place oneself at risk of contracting coronavirus, attempting to climb stacks of milkcrates, shooting passersby with air rifles, loosening lug nuts on vehicles, and stealing utilities from public places.”

TikTok has a user base of more than 150 million Americans. According to TikTok itself, the majority of its users are adults. However, the app is incredibly popular among teenagers as well. Research conducted by the Pew Research Center reveals that 67 percent of U.S. teenagers between the ages of 13 and 17 use TikTok. Out of this group, 16 percent report using the app almost constantly.

Governor Says Ban to Protect Privacy and Data

Gianforte emphasized the need to protect Montanans’ private data and sensitive personal information from being harvested by the CCP. He said the CCP is “using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information.”

“Today, Montana takes the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party,” he said in a statement Wednesday.

Montana Attorney General Austin Knudsen told Fox News that he anticipated legal challenges to the ban. He indicated that seeking resolution through the federal courts was a part of their strategic approach to the matter.

The lawsuit marks one of the initial legal challenges to Montana’s ban and is anticipated to be closely monitored as federal authorities contemplate a potential nationwide ban on TikTok. While the ban is set to take effect on Jan. 1, 2024, legal proceedings could potentially delay its implementation.

At the time the bill passed through the Montana legislature, TikTok spokesperson Brooke Oberwetter said that if the legislation is signed into law, the company would mount a legal challenge on the grounds of its constitutionality.

The Epoch Times has reached out to TikTok for further comment.

Mimi Nguyen-Ly contributed to this report.