In a groundbreaking decision, a federal judge has intervened to block Montana’s state law banning TikTok, asserting that the measure “likely violates the First Amendment.” The Chinese-owned app, TikTok, faced an unprecedented ban in Montana, which was slated to take effect on January 1.
U.S. District Judge Donald Molloy, in granting a preliminary injunction on Thursday, declared that the TikTok ban, the first of its kind in the nation, “oversteps state power and infringes on the constitutional rights of users.” TikTok, owned by Beijing-based ByteDance, expressed satisfaction with the ruling, emphasizing that hundreds of thousands of Montanans could continue expressing themselves, earning a living, and finding community on the platform.
The legal battle unfolded as TikTok and content creators challenged the Montana law, arguing in a hearing last month that it violated the First Amendment. Lawmakers in Montana had cited concerns about potential information disclosure to the Chinese government regarding TikTok’s 150 million U.S. users.
Governor Greg Gianforte, who signed the law in May, was unavailable for comment following the judge’s decision.
Opponents of the ban, including the American Civil Liberties Union (ACLU) and digital privacy rights groups, denounced it as an example of government overreach. The ACLU’s Montana chapter, when the ban initially passed, accused state officials of “trampling on the free speech of hundreds of thousands of Montanans.”
Notably, no other state has implemented a TikTok ban, although a few have pursued legal action against the popular app. Federal attempts to ban TikTok, initiated in 2020 by former President Donald Trump through an executive order, have not succeeded. National security concerns and the alleged spread of pro-China propaganda led the federal government and over half of the states to ban TikTok on government-owned devices.
Two-thirds of American teenagers reportedly use TikTok daily, according to a 2022 Pew Research Center survey, with 16% indicating almost constant usage.
Montana’s legislation, introduced by the GOP-controlled Legislature in February, triggered national debates amid rising tensions. The law sought to ban TikTok downloads across the state, imposing a $10,000 daily fine on entities facilitating access to the platform. Notably, individual users were exempt from these penalties.
The judge’s ruling raises questions about the balance between national security concerns and constitutional rights, setting a precedent for potential legal challenges against similar bans in the future.
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