Montana lawmakers passed a bill on Friday to ban TikTok throughout the state, which could lead to legal disputes that could determine the future of the popular social media app in the US. 
Breaking News: Montana Appeals Court Decision to Block TikTok Ban
In a significant legal development, the State of Montana has announced its decision to appeal a federal court ruling that blocked its pioneering state ban on the widely-used short-video sharing app TikTok.
Montana Attorney General Austin Knudsen confirmed on Tuesday that the state is officially challenging the November ruling by U.S. District Judge Donald Molloy. This move redirects the case to the Ninth Circuit U.S. Court of Appeals, marking the latest chapter in an ongoing legal saga surrounding the app’s usage and regulations.
The controversial state ban, initially scheduled to take effect on January 1st, was halted by Judge Molloy’s preliminary injunction issued on November 30. Molloy’s ruling was a significant setback for the ban’s proponents, as he stated that Montana’s law “violates the Constitution in more ways than one” and “oversteps state power.”
The appeal by Montana reignites the debate over TikTok’s presence and usage in the United States, particularly regarding concerns over data privacy and national security. This case is being closely watched, as it could set a precedent for other states and at the federal level regarding the regulation of foreign-owned apps and digital privacy.
Stay tuned for more updates on this developing story.
Update: Montana’s Attorney General, Austin Knudsen, argued that the state’s prohibition of TikTok is warranted due to the perceived risks associated with the app’s data collection activities. In a federal court document responding to TikTok’s challenge of the Montana ban, Knudsen stated that the state is legally empowered to regulate “goods or activities that, according to Montana’s assessment, result in unwarranted harm to consumers.”
The Montana House voted 54-43 to pass the bill, which will prevent TikTok, owned by Beijing-based ByteDance Ltd., from operating within Montana and prohibit app stores from offering TikTok within the state. The proposed legislation will take effect on January 1, 2024.
If found to be violating the law, entities will face a $10,000 fine per violation. However, it remains uncertain how certain parts of the bill will be enforced.
The governor of Montana, Greg Gianforte, has ten days to act on the bill before it automatically becomes law. Critics of the bill, including the American Civil Liberties Union, claim that it amounts to censorship and violates free speech rights protected by the First Amendment. A TikTok spokesperson said the company will continue to fight for its users and creators’ rights in Montana, whose livelihoods and First Amendment rights are at risk due to this excessive government action.
Lawmakers who opposed the bill expressed uncertainty about the consequences if TikTok users used a workaround to download the app, such as a virtual private network that made it appear that their devices were logging in from outside Montana. Some TikTok leaders feared that if Montana banned the app, it could prompt other states and even Congress to follow suit, leading to nationwide momentum to ban TikTok over national-security concerns. Last month, TikTok’s CEO was grilled over the company’s ties to China in a congressional hearing in Washington. A survey by Pew Research Center found that 50% of Americans supported a TikTok ban, while 22% were against it, and 28% were unsure.
The Biden administration recently urged TikTok to distance itself from its parent company ByteDance or face a possible ban. There are concerns among some members of Congress and Biden administration officials that TikTok could be used by the Chinese government to spy on its 150 million U.S. users or spread propaganda.
TikTok has refused to comply with such a request and has proposed a $1.5 billion plan to separate its U.S. operations from China’s influence. The discussions surrounding the ban of TikTok in Montana were similar to those in Washington. Republican State Senator Shelley Vance, with the help of Montana Attorney General Austin Knudsen, also a Republican, introduced the bill due to national-security concerns. It received bipartisan support and opposition.
