A U.S. District Judge in Montana issued a preliminary injunction halting the state’s impending ban of popular video app TikTok, calling it an overstep of state power.
The federal judge, Donald Molloy, determined that the ban was an attempt to target “China’s ostensible role in TikTok” rather than a genuine effort to protect Montana consumers. The judge indicated that TikTok “demonstrated a likelihood to succeed on the merits,” leading to the preliminary injunction decision.
The ban would have made Montana the first state to implement a statewide prohibition of the app, but it has now been blocked pending further legal proceedings. The state will have an opportunity to present a complete legal argument to defend the law in court.
TikTok, owned by Chinese tech giant ByteDance, has faced multiple legal challenges across several U.S. states. Montana’s law, which sought to completely ban the app’s use across the state, had been promoted as a measure to protect Montanans from potential spying and indoctrination. However, Molloy’s ruling suggested that these concerns did not justify the ban.
The judge also raised questions about the law’s constitutionality and its implications for free speech, data privacy, and foreign policy. The case is being closely watched as an example of how states are attempting to regulate social media platforms independently of federal laws.
The ban, which called for significant financial penalties on TikTok and related entities, would have relied on app store enforcement. However, technical challenges and privacy concerns make such a system impractical to implement, as highlighted by Apple and Google.
The judge’s decision to block the ban in Montana echoes similar legal setbacks for efforts to restrict TikTok in other states, indicating that these measures are facing increasing scrutiny in the court system.
