Topline
A federal judge blocked Montana’s ban on TikTok on Thursday, saying the incoming law violated free speech and was primarily done to target China’s role in developing and promoting the popular app.
The Montana House of Representatives approved the ban in May. (Photo by Yuichi YAMAZAKI / AFP) … [+]
Key Facts
A U.S. district judge in Montana issued a preliminary injunction to block the ban from taking effect Jan. 1, saying it “oversteps state power and infringes on the constitutional rights of users.”
The judge said lawmakers attempted to target “China’s ostensible role in TikTok” more than it intended to protect consumers, the Washington Post reported.
A group of TikTok users including TikTok creator Samantha Alario pushed for the block and argued it was unconstitutional on First Amendment grounds.
The legality of the ban will be determined in a bench trial that does not yet have a date, according to the Wall Street Journal.
A TikTok spokesperson told Forbes the company was pleased the judge rejected the “unconstitutional law” and that it was happy Montanans can continue to use the app to “express themselves, earn a living and find community”
Crucial Quote
“This is a preliminary matter at this point. The judge indicated several times that the analysis could change as the case proceeds and the State has the opportunity to present a full factual record,” Emilee Cantrell, the Montana Department of Justice’s deputy communications director, told Forbes. “We look forward to presenting the complete legal argument to defend the law that protects Montanans from the Chinese Communist Party obtaining and using their data.”
Key Background
Montana became the first state in the U.S. to pass a sweeping TikTok ban when Republican Gov. Greg Gianforte signed Senate Bill 419 in May. Gianforte claimed the app was a “significant threat” to state security and privacy before signing the bill, which prohibited app stores from allowing Montana residents to download TikTok. However, it wasn’t specified how the bill would be enforced outside of a $10,000 fine issued per day to companies allowing TikTok to be downloaded. TikTok and TikTok users filed separate lawsuits against Montana, framing the state’s ban of the app as a First Amendment violation.
Further Reading
Montana ban on TikTok blocked, extending critics’ losing streak (Washington Post)
TikTok Sues Montana After State Passes Law Banning App (Forbes)
TikTok CEO Calls Montana Ban On The App ‘Unconstitutional’ (Forbes)
Source: https://www.forbes.com/sites/antoniopequenoiv/2023/11/30/montanas-tiktok-ban-blocked-by-federal-judge/