TikTok sued Montana in federal court on Monday over a ban of the app enacted by the state last week.
The lawsuit, filed in U.S. District Court, alleges that the ban violates the First Amendment, arguing that the measure shuts down a “forum for speech for all speakers on the app,” singling out TikTok users for “disfavored treatment.”
Among a host of other challenges, TikTok said the ban is preempted by federal law because it is attempting to address an issue rooted in national security that is handled by the U.S. government.
The Montana ban, the first measure of its kind in the U.S., does not prevent current users from accessing the app or penalize them for doing so.
Instead, the ban targets the availability of the app by threatening entities such as TikTok, Google and Apple with a $10,000 fine for each day that the platform remains accessible in app stores for users in Montana.
The ban takes effect in January 2024.