Federal Judge Blocks Montana's TikTok Ban
Published on October 15, 2021
Montana's TikTok ban
A federal judge has blocked Montana's TikTok ban, which was originally signed into law by Republican Gov. Greg Gianforte in May. The ban, the first of its kind at a statewide level, was set to take effect on January 1. However, Judge Donald Molloy ruled that S.B. 419 "oversteps state power and infringes on the Constitutional rights of users and businesses" in a preliminary injunction.
"We are pleased the judge rejected this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok," a TikTok spokesperson told CBS News.
The American Civil Liberties Union (ACLU) criticized the ban when it was first passed and applauded the blocking of this "unconstitutional" legislation, stating that it upholds the free speech rights of people in the state. The final decision on the bill is yet to be determined.
During a hearing in March, a representative from TechNet highlighted that app stores do not have the capability to restrict apps on a state-by-state basis, making it unlikely for the ban to be effectively enforced in popular app marketplaces.
Despite this, the original bill specified that individuals who violated the law would be required to pay $10,000 per violation, with an additional $10,000 for each day the violation persisted.
CBS News has attempted to contact the Montana governor and attorney general's offices for their input.
