Federal judge blocks Montana TikTok ban, state law 'likely violates the First Amendment'

A federal judge blocked a Montana state law banning TikTok, saying it “likely violates the First Amendment.”

The ban of the Chinese-owned app in the state was passed by Montana lawmakers earlier this year and was signed into law by Gov. Greg Gianforte in May. It was due to take effect on Jan. 1.

U.S. District Judge Donald Molloy said in granting a preliminary injunction Thursday that the TikTok ban – the first of its kind in the nation – "oversteps state power and infringes on the constitutional rights of users."

TikTok, which is owned by Beijing-based ByteDance, said it was pleased the judge rejected "this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok."

TikTok and content creators, who filed the lawsuit challenging the Montana law, argued in a hearing last month that it violated the First Amendment. 

Montana lawmakers cited concerns that the Chinese government could force TikTok to hand over information on its 150 million U.S. users. Gianforte could not be reached for comment.

In response to the ruling, Emilee Cantrell, a spokesperson for the Montana Attorney General's office, said "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," Cantrell said in an email statement. "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."

Opponents of the law including the American Civil Liberties Union and digital privacy rights groups have said the ban is an example of government overreach. When the ban first passed, the ACLU's Montana chapter said state officials had "trampled on the free speech of hundreds of thousands of Montanans."

No other state has passed a TikTok ban but a few have sued.

Federal efforts to ban TikTok which began in 2020 when President Donald Trump tried to cut off the popular app with an executive order have also not been successful.

Warning of potential threats to national security and the spread of pro-China propaganda and misinformation on the platform, the federal government and more than half of the states have banned TikTok from being used on government-owned devices.

Two-thirds of American teens use TikTok every day, according to a 2022 Pew Research Center survey. Some 16% say they use TikTok almost constantly.

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Montana's measure was introduced in February by the state's GOP-controlled Legislature − just weeks after a Chinese spy balloon flew over the state − and sparked months of national debate before it was easily passed by the House. Security experts say it would be difficult to enforce the ban.

Montana's new law would ban downloads of TikTok across the state and fine any "entity" $10,000 per day for each time a person in the state is able to access the social media platform or download the app. The penalties would not apply to users.