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In Mexico, TikTok has more than 57 million 500 thousand active users.
In December, US President Joe Biden signed a law banning TikTok on federal government devices.
5 TikTok creators sued over Montana’s unconstitutional TikTok ban.
The TikTok company along with some content creators have decided to fight back against the government due to the ban in Montana a few days ago. And it is that the people who use said app have indicated that the law is unconstitutional and violates their rights to freedom of expression.
The governor Greg Gianfortesigned into law banning the use of TikTok in all of Montana and the ban would theoretically go into effect on January 1, 2024.
The prohibitions of TikTok
On February 23, it was announced that the executive body of the European Union, the European Commission, decided to ban TikTok among its employees and officials to “preserve the institution”. This new determination also meant that the employees of the European Commission could not use TikTok on their personal phones.
According to the EC, officials and stable workers should “eliminate the application as soon as possible”, for “cybersecurity risks”.
Given this situation, both the application and the government of China They have called for “fair treatment.”
“We call on the countries involved to recognize the objective facts, effectively respect the market economy” and provide “a non-discriminatory environment” for all businesses, Foreign Ministry spokesman Wang Wenbin said. by PA.
The Chinese government also accused Washington of spreading false information about TikTok following a report by The Wall Street Journal that US authorities were considering a ban if ByteDance did not sell the company.
TikTok and content creators sue over ban in Montana
TikTok has countered its ban by filing a federal lawsuit against Montana, arguing that banning a hugely popular social media app amounts to an unlawful suppression of free speech tantamount to censorship.
The Montana law “unlawfully abridges one of the fundamental liberties guaranteed by the First Amendment,” the lawsuit claimed.
Lawyers for Chinese-owned TikTok also argue that the national security threat posed by officials in Montana is not something state officials can try to regulate, since foreign affairs and national security are a federal issue.
The lawsuit aims to overturn Montana law that has not yet gone into effect. Also last week, TikTok creators also challenged the law, arguing that the ban violates free speech rights.
“Montana does not have the authority to enact laws that advance what it believes should be the foreign policy of the United States or its national security interests, nor can Montana prohibit an entire forum of communication based on its perception that any speech shared to through that forum, though protected by the First Amendment, is dangerous. Montana can’t ban its residents from viewing or posting on TikTok any more than the Wall Street Journal could because of who owns it or the ideas it posts.” signals the legal counteroffensive.
We filed suit last night challenging Montana’s unconstitutional ban of TikTok, on behalf of 5 TikTok creators. Lead counsel is Ambika Kumar, who represented other creators in securing an injunction of President Trump’s 2020 ban.
https://t.co/p67xeT8w4A—Davis Wright Tremaine LLP (@DWTLaw) May 18, 2023
It is clear that not everyone agrees with the TikTok ban as it somehow violates free speech.
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