11 months ago
A Montana judge ruled on Thursday to block a state ban on TikTok from going into effect — marking a win for the popular video streaming app who alleged the law violated the First Amendment.
TikTok filed its lawsuit in May in the U.S. District Court for the District of Montana seeking for the court to invalidate the law and block the state from enforcing it.
The judge said the law should be blocked and that TikTok’s arguments held merit that the law likely violated the First Amendment.
Montana is the first state with a law seeking to ban app stores from offering TikTok to residents in the state starting on Jan. 1, 2024. Montana’s Republican Gov. Greg Gianforte said the law aimed to protect residents from foreign influence by the Chinese Communist Party since TikTok is owned by Beijing-based ByteDance. App stores continuing to offer the app after the effective date will face penalties starting at $10,000.
The judge agreed that the law should be blocked based on the three claims put forth by TikTkok, which alleged the Montana law violates the company’s constitutionally protected rights to disseminate and promote third-party speech. It also claimed the ban is preempted by federal law as national security are matters controlled by the federal government. Also, it said the law violates the Commerce Clause in the U.S. Constitution that bans state laws that unduly burden interstate and foreign commerce.
“We are 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,” a TikTok spokesperson said in a statement.
Gianforte’s office did not immediately respond to a request for comment.
While Montana, with a population of 1.1 million, is the first state to fully ban the app that has approximately 150 million monthly users in America, the concerns around TikTok’s alleged national security threats has led more than 30 states to ban its use on government-issued devices.
Congress has multiple bills ranging from a nationwide TikTok ban to legislation empowering the executive branch to restrict TikTok and other apps from foreign adversaries. Yet Congress has failed to act in recent weeks after Republicans and progressive Democrats alike came out against a ban.
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