Montana Tiktok Ban Law

Federal Judge Blocks Montana's TikTok Ban

Montana's Controversial Law Thwarted in Court

Implications for TikTok Regulation and State Sovereignty

A federal judge in Montana has issued a preliminary injunction blocking a state law that would have banned the social media app TikTok across the state. The law, signed by Governor Greg Gianforte in April 2023, was set to take effect in January 2024 but has now been halted by the court.

The law, known as HB 518, prohibited state agencies and employees from using TikTok and made it a crime for anyone in the state to download or use the app. Violators could face fines of up to $10,000 per day for each day they violate the ban.

The judge's injunction was issued in response to a lawsuit filed by NetChoice, a trade association representing tech companies, and an individual TikTok user. The lawsuit argued that the law violated the First Amendment by restricting free speech and that it unfairly targeted TikTok while allowing other social media apps to operate freely.

The judge agreed, writing in his order that the law "imposes a substantial burden on speech and fails to justify that burden by a compelling government interest." He also noted that the law singled out TikTok "without providing any meaningful explanation for why TikTok is treated differently from other social media platforms."

The injunction is a significant victory for TikTok and social media companies. It represents a setback for efforts by some states to regulate social media apps and raises questions about the limits of state sovereignty in the digital age.