The governor of Montana recently signed a bill into law banning TikTok from operating inside the state. The idea of banning the popular app, mostly due to its Chinese ownership, has received much attention throughout the country in the last few years. This ban, however, is the first and most extreme barring to occur in the nation. TikTok swiftly responded, suing the state less than a week later on the grounds that the bill was a violation of the First Amendment.
The bill, which would fine TikTok, as well as Apple and Google, if they continued to allow it to operate in the state, was almost guaranteed to face legal challenges. TikTok’s lawsuit explains that the bill unconstitutionally bans a platform of free speech for those on the app. Additionally, they explain that the ban would allow Montana to regulate interstate commerce, an ability that is, according to Article One of the Constitution, reserved for Congress. In a statement on Twitter, Tiktok’s communications team wrote that they “believe [their] legal challenge will prevail based on an exceedingly strong set of precedents and facts.” TikTok was involved in a similar lawsuit earlier when President Trump issued an executive order in 2020 banning the app in the United States. The ban was blocked after it was challenged in court by a group of users.
Other groups, including the American Civil Liberties Union and the Center for Democracy and Technology, have also spoken out against the bill. In April, half a dozen free speech and civil liberties organizations collectively sent a letter to the Montana State Legislature explaining how the bill would “flout the First Amendment” and “trample on Montanans’ constitutional right to free speech”.
The ban, which is set to go into effect on January 1st of next year, may also be hampered by technical challenges. According to TechNet, a trade group funded by both Apple and Google (companies that could also face fines if they allow TikTok to be downloaded in Montana), their app stores can't ban an app in one state but not the other. Montana legislators have responded by saying the ban could be enforced through using technology used by the online gambling industry to block their apps in states where gambling is prohibited. Even so, Montanans could still access the app by disguising their location with virtual private network software. Additionally, those living near the border may not be affected by the ban at all since they may receive internet through cell towers in other states.
The Montana ban has become an experiment as to how a potential national ban may hold up. In response to security concerns about how the app handles its user’s data, TikTok formed a detailed plan for operating in the United States. It has yet to be reviewed by the Biden Administration.
Published in the May 2023 issue of the Whitney Young Beacon.
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