MAY 18, 2023 – Five prominent TikTok creators in Montana filed a lawsuit last night, challenging the state's unconstitutional ban on the video-sharing platform.
SB 419 "attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress," according to the complaint, which seeks to enjoin Montana's attorney general from enforcing the law. The suit was filed in the Missoula division of the Montana federal district court.
Plaintiffs in the case are five creators in Montana who have amassed significant audiences for their content. They are represented by Ambika Kumar of Davis Wright Tremaine LLP, a leading First Amendment attorney who previously won an injunction halting President Trump's proposed ban on TikTok in 2020.
"TikTok is where a billion people go to find entertainment, talk politics, build community, express themselves, and, in many cases, make a living," said Kumar. "Montana's blanket ban prevents our clients, and all Montanans, from engaging in protected speech. We are determined to see that this misguided and invalid law is permanently enjoined."
In addition to Kumar, the Davis Wright team includes Tim Cunningham, Adam Sieff, and Chelsea Kelly. They are joined by Natasha Prinzing Jones and Matthew B. Hayhurst of Boone Karlberg P.C. in Missoula, MT.
About Davis Wright Tremaine
Davis Wright Tremaine LLP is an AmLaw 100 firm with more than 600 lawyers representing clients based throughout the United States and around the world. The firm is widely regarded as having the country's leading First Amendment litigation practice.