The popular video-sharing platform TikTok has initiated legal action against the state of Montana in response to a newly enacted law that prohibits the use of the app within the state’s borders.

Montana became the first state in the United States to implement such a ban after it was signed into law by Republican Governor Greg Gianforte on Wednesday, with the law slated to take effect in January 2024.

Governor Gianforte cited the need to protect Montanans’ personal and private data from the Chinese Communist Party as the rationale behind the law.

In a statement provided to CBS News, a TikTok spokesperson declared the ban to be unconstitutional, expressing confidence that the company would successfully challenge it in court.

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TikTok aims to protect its business interests and the hundreds of thousands of TikTok users in Montana through the legal proceedings.

The company’s lawsuit contends that the ban infringes upon the First Amendment rights of TikTok users by imposing prior restraint on their speech and unfairly singling them out based on the content-based argument that TikTok videos are harmful to minors.

TikTok argues that concerns about user data security, particularly with regard to the Chinese government’s access, fall under the jurisdiction of the US federal government rather than individual states.

The ban has also prompted TikTok content creators in Montana to take legal action against the state government, as it threatens their livelihoods and allegedly violates their rights to access and create lawful speech under the First Amendment.