Montana state legislates to ban TikTok, US media: The law is almost certain to be repealed for unconstitutional reasons

Source: Global Times

On the 17th, local time, the Governor of Montana, Greg Jeanfort, officially signed a bill prohibiting TikTok from operating in the state, effective January 1st next year. Montana became the first state in the United States to sign a complete ban on TikTok. But the media generally believes that the ban will face legal challenges.

According to a report by the Wall Street Journal on the 18th, the bill prohibits TikTok from operating in Montana and prohibits app stores such as Google and Apple from providing TikTok download services. TikTok and the app store will be fined $10000 per day if they violate the law. I have banned TikTok in Montana in order to protect the personal and privacy data of Montanians from Chinese influence, "Zhan Fult tweeted. When signing on the 17th, Zhan Fult also stated that he will instruct some state employees to prohibit the use of all social media applications related to foreign competitors on state devices and in state affairs.

Regarding Montana's practices, TikTok spokesperson stated in a statement that the ban signed by Jeanfort is illegal as it violates the rights granted to the people of Montana by the First Amendment to the Constitution. The statement also stated that the company "will defend the rights of our users both inside and outside Montana". The bill also drew opposition from the American Civil Liberties Union (ACLU): "Through this ban, Governor Jeanfort and the state legislature violated the freedom of speech of hundreds of thousands of Montana people, using anti China sentiment as an excuse to prevent users from using TikTok to express themselves, obtain information, and run small businesses

Multiple media outlets have stated that Montana's legislation faces legal challenges. The drafters of the bill stated that they expect the legislation to face court litigation. The Wall Street Journal quoted Jamil Jaffer, Executive Director of the Knight Foundation's First Amendment Research Institute, as saying, "Once a lawsuit really starts, it's difficult to convince the judge that there is no conflict between the ban and the US First Amendment, which would be more advantageous for TikTok, Due to Montana's inability to prove that the ban is necessary or in line with any legitimate interests, the law is almost certain to be repealed due to unconstitutionality.

The US media said that the legal challenge to the Montana bill may make people deeply understand whether the court will support the federal government of the United States's intention to prohibit TikTok's behavior. Ashley Gorsky, a lawyer for ACLU, said, "The US government has not yet produced any specific or direct evidence to prove that TikTok poses a threat to national security, only vague speculation about how American data may be used or how the Chinese government may use it to promote propaganda