Montana's TikTok ban isn't set to go into effect until next year, but the video-sharing giant has asked a federal judge to delay the start date while it argues its case.

Montana Attorney General Austin Knudsen argued in court filings Aug. 18 that Montana is within its consumer protection authority to ban the app without straying into the federal government's purview over foreign affairs.

TikTok sued Knudsen in May, contending the ban violated its users' free speech rights and that the state has no authority to legislate matters of national security. Five TikTok users in Montana also sued and are plaintiffs in a combined case.

The TikTok ban signed into law earlier this year does not violate the First Amendment, Knudsen's office wrote, in part because users can share "videos, memes and every other kind of expressive content on every other internet-based video or social media platform."

TikTok stands alone from other data-harvesting social media apps because of its alleged ties to the Chinese government, the Republican attorney general's office argued.

TikTok and its parent company, ByteDance, have repeatedly denounced that alleged connection, saying it has never furnished user data to the Chinese government. In its initial lawsuit, TikTok labeled the concern in its lawsuit as "unfounded speculation."

Friday's filing provides a window into the state's defense ahead of the Oct. 12 hearing on TikTok's proposed injunction halting the ban from taking effect while the case plays out.

Montana became the first state in the nation to ban TikTok when the state Legislature passed Senate Bill 419, sponsored by freshman GOP Sen. Shelly Vance of Belgrade. Knudsen, a former legislator and Speaker of the Montana House of Representatives, lobbied lawmakers to support the ban. The attorney general said during the session he wanted Montana to lead the ever-widening charge against the company, calling it a "unique legal question" during his testimony in a committee hearing. Democrats largely opposed SB 416, calling it an unserious attempt at data protection.

The proposal passed and Gov. Greg Gianforte, who had already banned TikTok on all state devices, signed the bill May 17.

In the company's July motion to stall the statewide ban during the case proceedings, the company argued SB 419 conflicts with federal law by attempting to establish a state-level foreign policy. Attorneys for TikTok wrote then that the company is in negotiations with the Biden administration to determine whether any national security concerns can be resolved by mutual agreement, and that the ban disrupts those negotiations.

Knudsen's office, in its Friday filing, contends the ban is in fact aligned with federal officials' concerns with protecting sensitive data from adversarial countries, including a June 2021 executive order signed by President Joe Biden to evaluate foreign adversary connected software applications in order to protect citizens' sensitive information.

As for the company's negotiations with the federal government, "Any future agreements between the federal government and TikTok cannot preempt today an otherwise valid state law," the Attorney General's Office wrote.