
KMOX Legal Analyst Brad Young, a partner at the law firm of Harris, Dowell, Fisher & Young joined Total Information AM for his weekly visit with Carol Daniel and Megan Lynch.
The Montana legislature recently passed a statewide ban of TikTok, the social media app quickly filed suit, looking to overturn the ban which is scheduled to begin on January 1, 2024.
In the complaint filed in Montana District Court, TikTok alleges that the ban violates the US Constitution, including the First Amendment.
TikTok's suit says, "this is something that has to be governed on a nationwide basis, not on a state-by-state basis," says Young.
"I think that the First Amendment argument is stronger for TikTok here," continued Young, "because the way Montana phrased this [law], is that it doesn't ban the use of TikTok, what it does it it bans the downloading of it within the state of Montana, and that's something that's a little easier to control than just saying, 'you can't use this within the state borders."
Young says content creators have also sued Montana, based on their "vested interest."
Young calls the situation that Gabe Gore is walking into at the St Louis Circuit Attoreys office a "dumpster fire," as Gore takes over for the departed Kim Gardner.