Federal judge temporarily blocks Montana TikTok ban – JURIST

A federal judge ruled on Thursday to temporarily block Montana’s ban on TikTok from coming into effect in the state. In issuing the preliminary injunction, US District Judge Donald Molloy found that Senate Bill 419 violates the US Constitution “in more ways than one” after determining that the ban “oversteps state power and infringes on the Constitutional rights of users and businesses.”

Earlier this year, Montana Governor Greg Gianforte signed the bill into law. Building on the previous law that prohibited access to the app on government issued devices, the state law enforced $10,000 fines for using or downloading TikTok. Users would be issued a $10,000 fine each day for any continuous violations. The law would enforce restrictions on mobile app stores for devices like Google and Apple, making Montana the first state to pass a law that would ban the app within the entire state. The law was set to take effect beginning on January 1.

The ruling comes after five TikTok users filed a lawsuit to halt the state’s ban of the app. Citing the US Constitution’s First and Fourteenth Amendments, the content creators argued that the ban targets their right to free speech and “attempts to exercise powers over national security that Montana does not have.”

In support of the law, the state claimed that it was protecting users’ data. However, Molloy found on Thursday that the state was “more interested in targeting China’s ostensible role in TikTok.” He went on to say, “Banning TikTok outright to support a factually unsupported interest is a clear example of a regulation that burdens more speech than is necessary.”

In response to Judge Molloy’s ruling, TikTok issued a statement that the company 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.”

US lawmakers have previously taken aim at TikTok for its close ties to China—being owned and operated by Chinese-owned company ByteDance—and lack of privacy protections. TikTok CEO Shou Chew testified before a federal congressional committee on the topics back in March.

A final determination following the preliminary injunction will be expected after a trial next year.