US judge blocks Montana’s TikTok ban, citing violation of free speech rights
The judge, Donald Molloy, issued a preliminary injunction, emphasizing that the ban ‘violates the Constitution’ and goes beyond the state’s authority.
In a recent development, US District Judge Donald Molloy has issued a preliminary injunction, preventing Montana’s state ban on TikTok from taking effect on January 1. The judge argued that the ban ‘violates the Constitution’ by infringing on the free speech rights of both TikTok and its users and goes beyond the state’s authority.
TikTok had previously sued Montana, asserting that the ban violated the First Amendment. The Montana state legislature had approved the ban, expressing concerns about user data security and potential Chinese espionage.
The judge’s decision is seen as a win for TikTok, which welcomed the ruling, while the Montana state attorney general’s office, which defended the ban, is considering its next steps.
Why does it matter?
Efforts in Congress to ban TikTok or empower the Biden administration to impose restrictions on foreign-owned apps have hit unresolved roadblocks. While various states and the US government have restricted TikTok usage on government devices, Montana is unique in pursuing a comprehensive ban on the app. In 2020, former President Donald Trump aimed to block new downloads of TikTok and the Chinese-owned WeChat, but a series of legal decisions prevented the ban from being effectively enforced.
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