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TikTok has been banned in Montana, and it was the first state in the United States to do so. A federal judge scrapped the order after saying it was an unconstitutional decision.
U.S. District Judge Donald Molloy explained that the Montana bill “oversteps state power and infringes on the constitutional rights of users.” With this statement issued on Thursday, Nov. 30, he just blocked the ban on TikTok that was supposedly set to be implemented next year.
“Despite the state’s attempt to defend (the law) as a consumer protection bill, 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,” Associated Press News quoted the judge as saying while granting the preliminary injunction. “This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.”
First State to Bar TikTok Use
Based on the court documents obtained by NBC News, Judge Molloy issued a preliminary injunction that will stop the state of Montana from blocking TikTok. It was said that the ban was imposed in May when Gov. Greg Gianforte signed SB 419.
If Judge Molloy did not reverse the decision, TikTok would have been blocked in the state starting January 2024. It was also indicated in the ban order that each time a user is offered to download the short-form video hosting app, it would have been considered a violation that would entail a $10,000 penalty.
The Montana Justice Department will enforce the fine. Moreover, aside from TikTok itself, the app stores offering the application will also be held liable for the breach of the ban instead of the users in Montana.
Montana’s Response to New Decision
Montana’s attorney general’s office responded to the judge’s decision to stop the ban on TikTok. The office spokesperson, Emilee Cantrell, said, “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.”
Photo by: Alexander Shatov/Unsplash
