Home » US business news » Judge temporarily blocks Montana’s TikTok ban
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A federal judge in Montana has suspended the impending statewide ban on TikTok, scheduled for next year.
The decision marks a significant development and prevented the nation's first ban on the popular video app.
Judge Donald W. Molloy granted a preliminary injunction to block the ban.
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He said the ban violated the First Amendment and a clause allowing Congress to regulate commerce with foreign nations.
Judge Molloy said: “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.”
He added that Montana’s “foray into foreign affairs interprets the United States’ current foreign policy interests and intrudes on them.”
TikTok, owned by the Chinese company ByteDance, has been entangled in a legal battle with Montana since the state passed a bill in April.
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The governor signed the bill in May, banning the app.
Lawmakers argued the ban aimed to protect resident data from the Chinese government.
It aligns with a broader national push to restrict TikTok's presence on government-owned devices.
Alex Haurek, a TikTok spokesman, said the firm was “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.”
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Emilee Cantrell, a Montana’s Department of Justice spokeswoman, said Judge Molloy had “indicated several times that the analysis could change as the case proceeds.”
She added: “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.”
The Biden administration is evaluating a proposal from TikTok that addresses national security concerns.
While the ruling in Montana is preliminary, legal experts express doubt regarding the ban's viability in the future.
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