Montana’s pioneering legislation, which sought to prohibit the use of the TikTok app in the state, encountered a setback on Thursday as a federal judge deemed it unconstitutional, just a month before it was slated to become effective. The judge’s ruling represents a temporary victory for TikTok, contending that Montana’s Republican-led Legislature exceeded its regulatory authority in attempting to control the social media platform. A final judgment is pending as the legal dispute progresses through the judicial system.
U.S. District Judge Donald Molloy criticized the ban, asserting that it “oversteps state power and infringes on the Constitutional right of users and businesses,” while highlighting the state’s fixation on alleged Chinese influence. Molloy argued that Montana’s legislative focus on China’s perceived role in TikTok outweighed genuine consumer protection concerns. He pointed out that the state had concurrently enacted a separate law purportedly safeguarding consumers’ digital data and privacy.
In May, Montana became the first U.S. state to pass a comprehensive ban on TikTok, citing fears that the Chinese government could access user information. The ban, originally scheduled for implementation on January 1, aimed to prohibit TikTok downloads in the state and impose a $10,000 daily fine on entities facilitating access to the app. Users themselves would not face penalties.
TikTok welcomed the judge’s decision, with spokesperson Jamal Brown expressing satisfaction that “the judge rejected this unconstitutional law.” Montana’s Attorney General Austin Knudsen downplayed the ruling’s significance, emphasizing that the analysis might change as the case progresses. Knudsen’s office asserted the law’s defense as a measure protecting Montanans from potential data misuse by the Chinese Communist Party.
Concerns over TikTok’s influence on data security have been echoed by various Western governments. While more than half of U.S. states and the federal government have restricted TikTok on official devices, the company deems these actions as “political theatre.” TikTok argues that its efforts, including storing U.S. data on Oracle servers, suffice in protecting user information from Chinese government access.
The judge underscored the core of the controversy lies in China’s control over TikTok and potential access to user data. Attorneys for TikTok argued that Montana overreached in regulating the platform, suggesting that limitations on data collection would have been a more reasonable approach. Content creators also contended that the ban infringes on free speech rights and could harm their businesses.
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As the legal battle continues, the American Civil Liberties Union, its Montana chapter, and the Electronic Frontier Foundation have submitted supporting briefs. Simultaneously, 18 attorneys general, primarily from Republican-led states, are backing Montana’s position, urging the judge to allow the law’s implementation. However, even if implemented, cybersecurity experts anticipate challenges in enforcing the ban.