On January 1, a US judge blocked Montana's first ban on short video publishing platform TikTok, saying it violated users' freedom of expression.
US District Judge Donald Molloy issued a preliminary injunction to end the Chinese app block, saying: “The state ban violates the Constitution on multiple fronts and exceeds state authority.”
In May this year, TikTok, owned by the Chinese company ByteDance, filed a lawsuit against the state of Montana to block the ban imposed by US states on multiple grounds, claiming that it violates the human rights and freedom of expression of the company and users under the ban law. First Amendment.
TikTok users in Montana also filed a lawsuit to block an injunction from the state legislature, citing concerns about Montana users' personal information and potential Chinese espionage.
The platform said it is glad the judge struck down this unconstitutional law and that hundreds of thousands of Montanans can continue to express themselves, earn a living and find community through TikTok.
A spokesman for Montana Attorney General Austin Knutson's office noted that the decision is still preliminary and that the analysis may change as the case progresses.
Knudson's office added that it is considering next steps and looks forward to filing a comprehensive lawsuit to defend laws that protect Montanans from the Chinese Communist Party's access and use of their data.
TikTok has said in previous court filings that it has not and will not share U.S. user data with the Chinese government, and that it has taken significant steps to protect user privacy and security.
Molloy believes many of the arguments made by TikTok are justified, indicating the prevalence of anti-China sentiment in court cases and state law.
Montana intends to fine TikTok $10,000 for each violation in the state, although the now-banned state law does not impose penalties on individual users of the platform.
Molloy stated that Montana was trying to exercise the foreign policy powers of the federal government and that the state's actions were too broad.
Some lawmakers in Congress tried to ban the platform or give the Biden administration the authority to impose restrictions or ban foreign applications, but those efforts failed.