Tiktok is suing the U.S. state after announcing the ban on the video app in Montana. "We are challenging Montana's unconstitutional Tiktok ban to protect our business and hundreds of thousands of Tiktok users in Montana," the company said on Twitter on Monday. There are a number of precedents that, in its own opinion, put Tiktok in a legally strong position.

Montana became the first U.S. state to ban Tiktok last week. The bill, signed by Governor Greg Gianforte, is intended to prohibit download platforms from offering the app from January 1, 2024. Users should not be penalized for keeping and using Tiktok on their devices. In the northwestern state, however, Tiktok would no longer be allowed to operate as a company.

Tiktok belongs to the Chinese-based Internet company Bytedance and is under strong political pressure in the USA. President Joe Biden's administration banned its employees from using the app on cell phones.

An investigation has been underway in the US for months that could lead to a nationwide ban on Tiktok if there is no change of ownership. The background to this is concerns that Chinese authorities and intelligence services could use Tiktok to collect information about Americans and influence them politically. The company's legal objection, as well as lawsuits from private individuals, could delay or prevent the law from coming into force.

Critics of the state's actions say it is overstepping its authority when it enacts such a ban on national security or foreign policy grounds. Montana should also not ban an entire platform just because the state perceives some of the statements made there, which are protected by freedom of expression, as dangerous.