HELENA – Montana Attorney General Austin Knudsen led a coalition of 22 attorneys general today in filing an amicus brief asking the Supreme Court of the United States (SCOTUS) 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 their stake in the platform. ByteDance and TikTok sued the federal government following the ban.

The attorneys general are asking SCOTUS to affirm a lower court’s decision denying TikTok’s petition to invalidate the law as it is within Congress’s power to act on matters of national security and foreign affairs. TikTok is a threat to national security and consumer privacy as the company collects user data that could be shared with the Chinese Communist Party, infringes on Americans’ right to privacy, and promotes dangerous content to minors.

“Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the risk of the Chinese Communist Party accessing and exploiting their data,” Attorney General Knudsen wrote. “The Act is a valid exercise of Congress’s power over foreign affairs and national security.  The Court should affirm.”

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, the ban does not violate the company’s 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 CCP exposes Americans to the risk of the CCP accessing and exploiting their data.

Whistleblower reports and leaked documents reveal that ByteDance has given the Chinese Communist Party (CCP) access to sensitive U.S. user data, including locations, facial recognition data, and browsing habits. ByteDance employees in Beijing allegedly maintain “backdoor” access to this data, while CCP affiliates hold “superuser” credentials, enabling potential espionage against public officials, journalists, and others deemed adversarial to its interests.

Attorney General Knudsen led a similar effort in United States Court of Appeals for the District of Columbia in August. Additionally, Montana was the first state to ban TikTok during the state’s 2023 Legislative Session, an effort led by Attorney General Knudsen.

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

Click here to read the brief.