US judge says Montana TikTok ban likely violates rights, halts enforcement of law

Washington, Dec 3 (FN Agency) A law in the US state of Montana slated to block access to social media platform TikTok likely infringes on constitutional rights, a federal judge said in a court order halting enforcement of the restrictions. The order, signed Thursday by US District Judge Donald Molloy, granted a motion to temporarily block enforcement of the state law. Earlier this year, Montana Governor Greg Gianforte signed a law imposing penalties on application stores that offered access to TikTok, which was set to start on January 1, 2024. However, TikTok challenged the state law in court. “Despite the State’s attempt to defend [the legislation] as a consumer protection bill, the current record leaves little doubt that Montana’s legislature and Attorney General were more interested in targeting China’s ostensible role in TikTok than with protecting Montana consumers,” the court order said.

Montana has not demonstrated how the law would protect consumers in the state, the order said. The law oversteps state power and infringes on the constitutional rights of users and businesses, the order said. The law limits speech with protections under the First Amendment of the US Constitution, the order said. The law must at least pass intermediate scrutiny review, although the plaintiffs have demonstrated that it is unlikely able to do so, the order said. The order enjoins the enforcement of the law until a final decision is made in the case.