UPDATE, NOV. 30: In a groundbreaking decision, a federal judge in Montana has blocked the statewide ban on TikTok, which was set to take effect on Jan. 1. Judge Donald W. Molloy emphasized the importance of acting within the constitutional legal context and granted a preliminary injunction to halt the ban. He stated that the ban likely violated the First Amendment and a clause that gives Congress the power to regulate commerce with foreign nations. This ruling is a significant victory for TikTok and prevents the nation’s first prohibition on the popular video app. Legal experts believe that today’s ruling in Montana will not be challenged.
The Supreme Court may soon address legal challenges to state laws regarding social media content moderation.
UPDATE: Five TikTok content creators have fired back at Montana lawmakers, arguing that the law banning the app’s deployment violates their free speech rights. They filed a complaint in federal court, asserting that the state lacks authority over national security matters.
EARLIER: Montana has become the first U.S. state to completely ban TikTok. Governor Greg Gianforte signed a measure that prohibits downloads of the popular app within the state. Violators will face hefty fines, but individual users are exempt. The ban is set to take effect on Jan. 1, 2024, but legal challenges are expected. TikTok has not yet indicated whether it will take the matter to court.
Governor Gianforte is resolute in his commitment to a TikTok-free Montana, citing concerns about the Chinese-owned parent company’s data collection and potential influence. However, the ACLU of Montana and NetChoice, a trade group representing Google and TikTok, argue that the law is unconstitutional.
Montana’s ban on TikTok goes beyond mere entertainment, as officials express concerns about data privacy and potential propaganda. In a related move, Governor Gianforte has also prohibited the use of social media applications tied to foreign adversaries on state equipment and for state businesses in Montana, effective June 1. This includes platforms like WeChat and Telegram Messenger.
