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NetChoice Files Brief in Support of Creators, TikTok in Montana Lawsuit

MISSOULA, Mont.—Yesterday evening, NetChoice filed an amicus curiae brief with the Chamber of Progress in support of TikTok and their content creators’ requests to stop Montana from banning TikTok in Alario & TikTok v. Knudson.

Earlier this year, Montana Governor Greg Gianforte enacted a complete ban of the popular social media app over supposed national security concerns. The ban is set to take effect on January 1, 2024.

In response, TikTok, Inc. and a group of five content creators filed lawsuits against the state. They argue: (1) the ban is a prior restraint on expression that violates the First Amendment; (2) the ban deprives Montanans of access to a forum that for many is an important source for sharing art and keeping apprised of current events; and (3) Montana does not have the constitutional authority to enact laws advancing what it believes should be the United States’ foreign policy or its national security interests.

Now, TikTok and the content creators are asking a federal judge to block implementation of the ban while the case moves through the courts. 

“Montana’s effort to ban TikTok is, ironically, the sort of authoritarian conduct that the state purports to oppose,” said Nicole Saad Bembridge, NetChoice Associate Director of Litigation. “Americans’ access to information on the internet cannot be dependent on local politicians’ individual preferences. The Court should enjoin the TikTok ban to ensure the internet stays open and free.”

NetChoice and Chamber of Progress’ amicus curiae brief in Alario & TikTok v. Knudson makes three key points:

  • Montana’s effort to ban one of the most popular forums for online communication will fragment the internet, undermining its value as a borderless medium;
  • Harm local businesses that rely on TikTok for promotion and sales; and
  • Chill innovation, political participation and disconnect Montanans from the global community.

Read our amicus curiae brief here

Please contact Krista Chavez at with inquiries.