Two lawsuits have been lodged in Montana federal court since last week, when Montana’s governor signed into law what’s considered to be the first attempt by a state to fully ban the wildly popular short-video platform TikTok: one by TikTok itself and another by residents who create TikTok videos and often use the app to generate business.
Both suits lead with claims that the law violates the First Amendment. And both include claims centered on federal preemption and the Commerce Clause. But they have differences in focus.
