Big Sky Times

Montana Attorney General Austin Knudsen led a coalition of 21 attorneys general in asking the United States Court of Appeals for the District of Columbia to uphold the national TikTok divest-or-ban legislation passed by Congress earlier this year.

The federal law bans TikTok in the United States if Chinese-owned ByteDance, TikTok’s parent company, does not sell its stake in the platform. ByteDance and TikTok sued the federal government following the ban.

The attorneys general are asking the court in an amicus brief filed Friday to deny TikTok’s petition as it is within Congress’s power to act on matters of national security and foreign affairs. They argue that TikTok poses a threat to national security and consumer privacy by collecting user data that could be shared with the Chinese Communist Party, infringing on Americans’ right to privacy, and promoting dangerous content to minors.

“TikTok is a Chinese Communist Party spy tool and is feeding harmful content to children. It should be banned. In Montana, we were first to recognize that and I’m glad Congress followed our lead,” Attorney General Austin Knudsen said. “The court should uphold the law that protects Americans from the CCP – a self-declared enemy of our country.”

TikTok has confirmed its technology and infrastructure are ultimately controlled by the Chinese government. While TikTok claims the First Amendment protects their right to spy on Americans, proponents argue that the ban does not violate free speech rights because it doesn’t target behavior with a significant expressive element or single out those engaged in expressive activity.

Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to risks related to data access and exploitation by CCP.

“TikTok is a valuable tool for conducting corporate and international espionage, and it may allow the Chinese Communist Party to track real-time locations of public officials, journalists, and other individuals adverse to their interests,” stated the attorneys general in their brief.

Montana was the first state to ban TikTok during its 2023 Legislative Session, an effort led by Attorney General Knudsen.

Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Oklahoma South Carolina South Dakota Tennessee Utah joined Attorney General Knudsen Virginia Attorney General Jason Miyares filing brief.