The Montana bill that would have banned the popular short-video social media app TikTok throughout the state beginning on January 1, 2024, was stopped by a federal court. The judge said the supposed ban would violate the free expression rights of users.
First-Ever TikTok Ban Blocked by Judge
Legal documents filed Thursday, November 30, by Judge Donald Molloy detailed his reasoning for handing down the preliminary order. Among other things, Molloy cited Montana's failure to demonstrate how the original SB 419 law might be "constitutionally permissible" as justification.
For Montana, this is a setback. In May, Governor Greg Gianforte signed SB 419 into law, arguing that it would aid in the state's common goal of protecting the people of Montana from the surveillance of the Chinese Communist Party.
According to CNBC, Judge Molloy said in the document, "Despite the State's attempt to defend SB 419 as a consumer protection bill, the current record leaves little doubt that Montana's legislature and Attorney General were more interested in targeting China's ostensible role in TikTok than with protecting Montana consumers. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers' digital data and privacy."
In a statement, a representative from TikTok expressed the company's joy at the judge's rejection of the unconstitutional statute, which would allow hundreds of thousands of Montanans to retain their freedom of expression, livelihood, and community on TikTok.
But according to an assertion from the Montana Attorney General's office, the judge's ruling is only "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," the Montana Attorney General's office further said, as reported by CNBC.
Politicians Worry App Might Jeopardize National Security
Prior to Judge Molloy's preliminary order, the popular video and social networking app owned by the Chinese internet firm ByteDance was going to be banned in Montana, making it the first U.S. state to do so.
In May, ByteDance announced that it had sued Montana in an effort to stop the state from illegally banning TikTok. The company's legal team said in court documents that Montana lacked evidence to back up claims that TikTok let the Chinese government access user data and exposed children to inappropriate internet content.
During a hearing in March, American lawmakers questioned TikTok CEO Shou Zi Chew about the app's parent firm ByteDance, and the possible ties between the Chinese government and the business. A nationwide ban on TikTok has been proposed by politicians because of their worry that the Chinese Communist Party may get access to the data of American citizens.
In an effort to allay fears about its impact on national security, TikTok has highlighted its "Project Texas" program, which, with the support of business IT giant Oracle, aims to keep user data inside the United States.
