US Court Halts Montana's TikTok Ban

A federal judge blocks Montana's first state-wide TikTok ban, citing constitutional concerns.

Why was Montana's TikTok ban blocked by a US judge?

In a significant judicial development, a federal judge has halted Montana's pioneering ban on TikTok, marking a critical juncture in the escalating US political backlash against the Chinese-owned video-sharing app. Montana's Senate Bill 419, intended to be effective from January, faced a judicial roadblock when Judge Donald Molloy granted TikTok a preliminary injunction. The ByteDance-owned company, alongside some app users, had challenged the bill, deeming it an unconstitutional violation of rights.

The Broader Implications Of Montana's TikTok Ban

Montana's legislation, exclusive to the state, mirrors a global conversation about TikTok's security implications. The app's Chinese connections have spurred international concern over potential data harvesting for espionage. While several states have limited app downloads on government devices, Montana's approach of banning downloads for all residents was unprecedented.

The bill's rationale also included TikTok's alleged inadequacies in filtering harmful content for minors. The legal battle saw entities like the Reporters Committee for Freedom of the Press and the Chamber of Progress supporting TikTok, while a coalition of 18 states, led by Virginia, backed Montana.

TikTok, the dumbing-down app.

Judge Molloy's Ruling On The Ban

To secure a preliminary injunction, TikTok needed to demonstrate a strong likelihood of legal victory. Judge Molloy's decision underscored TikTok's success in this regard, critiquing the bill as more focused on addressing perceived Chinese influence rather than consumer protection in Montana. He noted that the bill was not sufficiently tailored and represented an overreach by the state legislature, lacking justification in significant governmental interests.

Molloy highlighted that Montana's foreign policy objectives do not align with state interests and pointed out the existence of state laws already safeguarding children online. He emphasized the bill's failure to specifically address the "perceived Chinese problem," instead imposing a total ban on TikTok.

Reactions To The Court's Decision

Reacting to the injunction, which remains in effect while the court fully assesses the case, Montana's attorney-general's office expressed readiness to defend the bill's legality, emphasizing the need to protect Montanans from potential data misuse by the Chinese Communist Party.

A TikTok spokesperson welcomed the decision, underscoring the platform's role in providing a means for expression, livelihood, and community building for Montanans, thereby upholding their First Amendment rights.


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