On Thursday, a U.S. judge blocked Montana’s unique state ban on TikTok, a popular short-video sharing app, from being enforced starting January 1. The judge, Donald Molloy, issued a preliminary injunction, stating that the ban violated the free speech rights of users and exceeded state power, declaring it unconstitutional.
The Chinese-owned app, TikTok, owned by ByteDance, had filed a lawsuit against Montana in May, arguing that the state ban infringed upon the First Amendment rights of both the company and its users. Montana’s state legislature had approved the ban, expressing concerns about the personal data of users and potential Chinese espionage.
TikTok expressed satisfaction with the judge’s decision, stating that it protected the rights of hundreds of thousands of Montanans to continue expressing themselves on the platform. However, the Montana state attorney general’s office, which defended the ban, emphasized that the ruling was preliminary, and they were considering their next steps in presenting a complete legal argument.
TikTok had asserted in earlier court filings that it had not shared U.S. user data with the Chinese government and had implemented substantial measures to ensure user privacy and security. Judge Molloy acknowledged TikTok’s arguments and pointed out the anti-Chinese sentiment in Montana’s legal case and legislation.
The blocked state law in Montana could have imposed fines of $10,000 on TikTok for each violation but did not penalize individual users. Molloy criticized Montana’s attempt to exercise foreign policy authority beyond federal government jurisdiction, deeming it overly broad.
While there have been efforts in Congress to ban TikTok or grant the Biden administration powers to restrict foreign-owned apps, those initiatives have not progressed. Montana stands out as the only state seeking a complete ban on TikTok, while other states and the U.S. government have limited its use on government-owned devices. Former President Donald Trump’s attempt to ban TikTok in 2020 faced legal challenges and did not take effect.
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