Federal Judge Blocks State-Wide TikTok Ban in Montana

A federal judge in Montana has blocked the law that will enforce the first-ever state-wide TikTok ban which is supposed to start on January 1, 2024. 

TikTok Ban
(Photo : Muhammed Selim Korkutata/Anadolu Agency via Getty Images)

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Montana Federal Judge Presents Preliminary Ruling 

In a legal filing, Judge Donald Molloy detailed his ruling for the supposed TikTok ban next year. He stated that Montana failed to show how SB 419 would be "constitutionally permissible." 

Moreover, the judge emphasized that the Attorney General was more interested in targeting China's role in TikTok than prioritizing protecting Montana consumers. "This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers' digital data and privacy," he added. 

Meanwhile, TikTok expressed thankfulness for the judge's ruling citing that the rejection of the state-wide ban will mean a continuous way for hundreds of thousands of Montanans to express themselves, earn a living, and find a community on their platform. 

Montana's State-Wide TikTok Ban 

On the contrary, the office of the Montana Attorney General stated that the judge's decision is only a preliminary matter and nothing is finalized at this point. This means that the analysis could still change over time, giving the State a chance to present more evidence to advance the ban. 

"We look forward to presenting the complete legal argument to defend the law that protects Montanans from the Chinese Communist Party obtaining and using their data," the office said in a statement. 

Last May, Governor Greg Gianforte signed SB 419 into law which aims to ban TikTok in Montana as a way to protect its community from the Chinese Communist Party surveillance. ByteDance also sued Montana for unlawfully banning TikTok in the State. 

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