Enlarge (credit: SOPA Images / Contributor | LightRocket )

Over the next few months, Montana must prove that it has the power to do what the federal government has so far only tried and failed to do: ban TikTok.

While TikTok and several state-based app users have claimed that the state's TikTok ban is unconstitutional and improperly attempts to regulate US-China foreign relations, Montana recently raised its best arguments to uphold the ban. In a court filing last week, Montana sought to convince a US district court to reject TikTok's motion to delay the statewide ban from taking effect on January 1, 2024, until the federal case is resolved. Beyond disputing the relevance of constitutional concerns, Montana took a seemingly hostile stance, calling out TikTok for alleged "hypocrisy" and evasiveness of US authorities attempting to protect Americans' data from foreign spying.

"TikTok’s apparent position is it cannot be regulated—by anyone," Montana argued, accusing TikTok of playing "fast and loose" with courts and improperly shifting away from an argument that TikTok made that got Donald Trump's ban overturned.

Enlarge / Youth plaintiffs are greeted by supporters as they arrive for the nation's first youth climate change trial at Montana's First Judicial District Court on June 12, 2023. (credit: William Campbell / Contributor | Getty Images North America )

A Montana state court today sided with young people who sued the state for promoting the fossil fuel industry through its energy policy , which they alleged prohibits Montana from weighing greenhouse gas emissions in approving the development of new factories and power plants. This prohibition, 16 plaintiffs ages 5 to 22 successfully argued, violates their constitutional right to a "clean and healthful environment in Montana for present and future generations."

Experts previously predicted that a win for youths in Montana would set an important legal precedent for how courts can hold states accountable for climate inaction. The same legal organization representing Montana's young plaintiffs, Our Children's Trust, is currently pursuing similar cases in four other states, The Washington Post reported .

The Post described this landmark case as "the nation’s first constitutional and first youth-led climate lawsuit to go to trial."

Enlarge (credit: PATRICK T. FALLON / Contributor | AFP )

Days after TikTok users sued to block Montana's TikTok ban , TikTok has followed through on its promise to fight the ban and filed its own lawsuit in a United States district court in Montana.

"We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana," Brooke Oberwetter, TikTok's spokesperson, told Ars. "We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts."

TikTok's complaint hits all the same points that TikTok users' lawsuit does.