Montana's TikTok Ban Halted by Federal Judge


Montana's TikTok Ban Halted by Federal Judge
© Getty Images News/Chip Somodevilla

A federal judge has temporarily halted Montana's groundbreaking statewide TikTok ban. US District Judge Donald Molloy issued an order that puts the ban on hold, pending a trial on the matter. This decision marks a notable pause in what would have been a pioneering legal move against the popular social media app.

Judge Molloy's order emerged from concerns about the motivations behind the ban. He noted that the Montana legislature and Attorney General seemed more focused on targeting TikTok's connections to China rather than prioritizing the protection of Montana consumers.

This observation raises questions about the underlying intent of the legislation.

First Amendment Concerns and the Road Ahead

The judge also pointed out that TikTok had successfully demonstrated that the law likely violated the First Amendment.

"In shutting off TikTok, the Legislature has both harmed User Plaintiffs’ First Amendment rights and cut off a stream of income on which many rely," Molloy wrote in his order. This aspect of the ruling underscores the significant impact such a ban would have on the freedoms and livelihoods of TikTok users.

The decision is a blow to Montana's policymakers who aimed to prohibit TikTok on all personal devices within the state. It also serves as a cautionary note to other states that might be considering similar measures. The ruling indicates the complexity and potential legal challenges involved in regulating social media platforms on the grounds of national security.

Emilee Cantrell, a deputy communications director at Montana’s attorney general’s office, responded to the halt as a "preliminary decision." She emphasized that the state looks forward to defending the law, citing the need to protect Montanans from the potential risks of data acquisition by the Chinese Communist Party.

The law, signed by Governor Greg Gianforte in May, aimed to ban TikTok's operation within Montana, citing concerns over personal data protection. The law's challengers, including TikTok and a group of the app's content creators, argued that the ban infringes on their First Amendment rights, setting the stage for a contentious legal battle over digital rights and national security concerns.