First-Ever TikTok Ban, Questioned by US Judge

Montana's state-wide ban on TikTok is reportedly questioned after considering legal challenges from TikTok and its users before its implementation in January 2024.

The challenge and questions by U.S. District Judge Donald Molloy are said to consider how no other state has followed Montana's legislation in banning TikTok from their respective states.

The ban is described by the judge as "paternalistic" and is asked whether or not the ban is truly necessary to safeguard users' data on TikTok in the state; his argument states that users voluntarily giving their information merits no protection, asking "how is it that you can protect them?"

Reuters report stated that Malloy argued that the approved ban should instead prohibit the exercise of certain personal freedoms by TikTok citizens, implying not to ban the application itself but the actions at which people are voluntarily "exposing themselves to the Chinese Military."

Counterarguments from Montana Solicitor General Christian Corrigan, on the other hand, stated that the first-ever TikTok ban is not necessarily "out of step" due to the sole reason it being the "first to do something."

Corrigan also contended that the state might take action even if users provided data voluntarily, drawing an analogy to citizens using an overseas sports betting website who ran the danger of having their credit card numbers stolen.

TikTok's Response

TikTok argued the ban as well, with TikTok Lawyer Alexander Berengaut stating that the policy is "foreign" and conflicts with the nation's First Amendment.

Several TikTok Creators from Montana also challenged the ban, according to Fox, wanting to block the state's ban before implementation. The ban has been continuously contested by TikTok, most notably when it said that it is based on "unsubstantiated allegations," and that other safeguards could have been placed instead of an outright ban.

TikTok's Montana-wide ban was previously described by TikTok spokesperson Brooke Oberwetter as an "egregious government overreach" as some depend on TikTok for their livelihoods.

On a separate occasion, TikTok continued its argument, stating that allowing Montanans to continue using the app, which has been in use since 2017, won't harm the state. On the other hand, Montana reportedly could not provide any proof that using TikTok has harmed any locals.

TikTok Ban Enforcement

CNN states that the outcome of this legal battle remains paramount as it could predict the future of TikTok in the U.S. for private-owned devices. According to the report, official and government-owned devices have already been banned from using the app.

Montana's TikTok ban was approved earlier this year, wherein TikTok and other applications that violate the approved legislation were to potentially pay $10,000 per violation per day, according to a CNN report. Individual users were not to be penalized, but application stores that allow the download and access to the app will be penalized.

According to Montana Solicitor General Christian Corrigan, the principal aim of the law was to defend citizens from TikTok's violations of data security.

Fox reports that cybersecurity experts have commented that the enforcement of the law will be challenging; Attorneys General from 18 states, most of which are Republican-led, on the other hand, are supporting Montana and urging the judge to allow the law to take effect on its planned implementation date even during legal challenges.