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US judge temporarily blocks Montana Tiktok ban

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A federal judge on Thursday granted TikTok a temporary reprieve from Montana’s ban on the popular video-sharing app, ruling that the law likely violates the First Amendment and is beyond the state’s authority.

U.S. District Judge Donald Molloy issued the preliminary injunction, halting the ban’s implementation until the court reaches a final decision on TikTok’s lawsuit against the state. 

In his ruling, Molloy expressed strong skepticism about Montana’s legal arguments, suggesting that the ban was rooted in anti-Chinese sentiment rather than genuine concerns about consumer protection.

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 they with protecting Montana consumers,” Molloy stated in the ruling.

TikTok, owned by Chinese company ByteDance, has been the target of scrutiny and criticism from U.S. politicians, with some alleging that the app poses a national security threat due to its ties to the Chinese government. 

However, TikTok has vehemently denied these accusations, asserting that it operates independently and does not share user data with the Chinese government.

Montana’s ban, signed into law by Republican Governor Greg Gianforte, was set to take effect in January 2024. The law would have made it illegal for Montanans to download or access the TikTok app, with each violation punishable by a $10,000 fine.

TikTok’s lawsuit against the state argued that the ban violates the First Amendment’s protection of free speech and exceeds Montana’s authority to regulate interstate commerce. 

The company also highlighted the significant impact the ban would have on its millions of users in Montana, who use the app for various purposes, including entertainment, education, and business promotion.

 

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