First TikTok state ban overturned by US judge

Beijing time, December 1, local time on Thursday, a federal judge in Montana stopped the state’s first state ban on TikTok in the United States, believing that the ban “likely violates Article 1 of the Constitution.” First Amendment".

U.S. District Judge Donald Molloy issued a preliminary injunction on Thursday blocking Montana from enforcing a TikTok ban. Molloy believes that the ban is obviously not to protect Montana consumers, but to target foreign governments. TikTok has more than 150 million users in the United States, with more than a third of Montana residents using the app.

“Without TikTok, user plaintiffs are deprived of the right to communicate in their preferred mode of communication, so First Amendment review is appropriate,” Molloy said. Montana has previously argued that the law does not violate the First Amendment of the U.S. Constitution.

Judge Molloy issued a preliminary injunction this time. The formal decision will be announced at a future judge trial. The trial date has not yet been finalized.

Montana may appeal.

However, Molloy pointed out in his preliminary judgment that TikTok’s side provided better arguments in this case, indicating that TikTok has the possibility of winning in the final judgment. Montana Attorney General Austin Knudsen helped draft the TikTok ban and said the case may go to the Supreme Court. TikTok spokesman Alex "We are pleased that the judge struck down this unconstitutional law so that tens of thousands of Montanans can continue to freely express themselves, make a living, and find community on TikTok," Alex Haurek, the company's chief executive, said in a statement. ."

Emilee Cantrell, a spokesperson for Montana Attorney General Knudson, said in a statement that

this case is still in the "preliminary" stage

, the judge has previously stated that "the analysis in this case may change as the case progresses and the state has the opportunity to provide a complete factual record." "We look forward to making a full legal argument and defending the laws that protect Montanans' data," Cantrell said.

In May of this year, Montana Republican Governor Greg Gianforte signed a law banning the use of TikTok statewide, January 1, 2024 Effective

. The ban significantly exceeds the relatively more limited rules previously passed by more than 30 U.S. states and federal agencies, which banned TikTok only on government-owned devices and networks.

TikTok and five Montana TikTok creators subsequently sued the state of Montana separately, and the two lawsuits were later consolidated. They said the ban violated users' First Amendment rights by alleging inappropriate behavior on TikTok without evidence. TikTok said it does not share data with foreign governments.

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