In a significant legal development, U.S. District Judge Donald Molloy has issued a preliminary injunction to block Montana’s state ban on the popular short-video sharing app TikTok.
The judge ruled that the ban, scheduled to take effect on January 1, violated the free speech rights of users and “overstepped state power.”
Montana’s legislature had passed a first-of-its-kind state ban on TikTok, citing concerns about the personal data of Montana users and potential Chinese spying. The Chinese-owned app, owned by ByteDance, promptly filed a lawsuit against the state in May, arguing that the ban infringed upon the First Amendment free speech rights of both the company and its users.
Judge Molloy concurred with TikTok’s arguments, stating in his ruling, “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. Thus, Plaintiffs have established a likelihood of irreparable harm.”
The judge further noted that the state ban “violates the Constitution in more ways than one” and emphasized that Montana had sought to exercise foreign policy authority held by the federal government, making the state’s action overly broad.
TikTok users in Montana had also filed a separate suit to block the ban, expressing concerns about the impact on their free speech rights and livelihoods. The state ban did not impose penalties on individual TikTok users but could have imposed fines of $10,000 for each violation by TikTok in the state.
The ruling, while preliminary, marks a significant victory for TikTok and its users in Montana. However, Emilee Cantrell, a deputy communications director at Montana’s attorney general’s office, noted that the analysis could change as the case proceeds and stated that the office is considering its next steps.
“The judge indicated several times that the analysis could change as the case proceeds and the State has the opportunity to present a full factual record. 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,” Cantrell said.
TikTok responded to the ruling, expressing satisfaction that the judge “rejected this unconstitutional law” and emphasized the app’s role as a platform for self-expression, income generation, and community-building for hundreds of thousands of Montanans.
Judge Molloy, appointed by Democratic President Bill Clinton, also referenced what he termed “the pervasive undertone of anti-Chinese sentiment that permeates” Montana’s legal case and legislation, suggesting that the state’s focus was more on targeting China’s role in TikTok than protecting Montana consumers.
Molloy said that despite the state government’s attempt to defend the law, “the current record leaves little doubt that Montana’s legislature and Attorney General were more interested in targeting China’s ostensible role in TikTok than with protecting Montana consumers.”
The case underscores the ongoing legal battles surrounding TikTok in the United States, with previous attempts by former President Donald Trump to ban the app facing legal challenges and court decisions.
TikTok has also faced efforts by some in Congress to ban the app or give the Biden administration powers to impose restrictions or bar foreign-owned apps, but those efforts have stalled. The U.S. government fears that the short-form video app could serve as a conduit pipe for Chinese espionage.
While many states and the U.S. government have restricted TikTok on government-owned devices, Montana stood out as the only state seeking a comprehensive ban on the app’s use.
The ruling is considered a big blow to the push to ban the use of TikTok in the US, as it sets a precedent that may be followed in other states.
On Thursday, another judge, Jennifer DeGroote of Indiana state, dismissed a lawsuit brought by the state of Indiana against TikTok. The lawsuit alleged that TikTok made false assertions regarding the safety of user data and appropriate content for different age groups. Judge DeGroote ruled that the court did not have “personal jurisdiction” over TikTok, according to court documents.
Montana’s attempt to ban TikTok statewide has been halted in federal court. A U.S. district judge issued a preliminary injunction Thursday, saying the law “oversteps state power and infringes on the constitutional rights of users,” Axios reports. Some other states have banned TikTok on government-issued devices, but Montana would be the first to “completely restrict a single app within a state’s borders,” per NPR, should the law take effect as planned on Jan. 1. A trial date to determine its legality has not been set, according to The Wall Street Journal. In targeting TikTok, Montana lawmakers cited concerns about user data in the hands of ByteDance, the Chinese company that owns the app.
