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TikTok on Monday filed a lawsuit challenging the state of Montana’s new ban on use of the Chinese-owned short-video app.
ByteDance-owned TikTok argues the ban, which would take effect on Jan. 1, violates First Amendment rights of the company and users.
The lawsuit, filed in US District Court in Montana, also argues the ban is pre-empted by federal law because it intrudes upon matters of exclusive federal concern and violates the Commerce Clause of the Constitution, which limits the authority of states to enact legislation that unduly burdens interstate and foreign commerce.
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USA — Criminal TikTok sues Montana over ban, says it’s violation of First Amendment