Abraham Jewett  |  May 24, 2023

Category: Legal News

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Close up of a hand holding a smartphone with the TikTok logo displayed, representing the Montana TikTok ban.
(Photo Credit: DANIEL CONSTANTE/Shutterstock)

Montana TikTok ban overview: 

  • Who: Montana Gov. Greg Gianforte signed a bill into law last week that bans TikTok from operating in the state. 
  • Why: Gianforte argues TikTok is being weaponized by the Chinese government to spy on Americans, violate their privacy, and collect their personal and sensitive information. 
  • Where: Montana. 

The governor of Montana signed into law last week a ban on the operation of TikTok in the state, in a first-of-its-kind legislation that the Chinese-owned video hosting service argues is unlawful.

The Montana House of Representatives voted 54-43 last month to approve a bill banning TikTok from being able to operate in the state, becoming the first in the US to do so, reports Law360. 

In addition to not being able to operate in Montana, the law also reportedly prevents mobile app stores from being able to offer TikTok within state lines. 

Montana Gov. Greg Gianforte, in a statement last week, accused the “Chinese Communist Party” of using TikTok to “spy on Americans, violate their privacy, and collect their personal, private and sensitive information.” 

Gianforte argued the Chinese’ alleged ill-intent is “well-documented,” while declaring the move “the most decisive action of any state to protect Montanans’ private data and sensitive personal information from being harvested by the Chinese Communist Party.” 

TikTok pushes back against Montana ban, argues the state is ‘unlawfully banning’ the platform

TikTok has pushed back against the new law, arguing the state is “unlawfully banning” the app and that it violates the First Amendment rights of Montana residents. 

“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” TikTok said, in a statement.

Mobile app stores such as Apple’s App Store and the Google Play Store will not be allowed to offer TikTok to Montana residents, under the new law, however individual TikTok users will not be subjected to any potential penalties, reports Law360. 

Officials with the Federal Bureau of Investigation reportedly argue that the Chinese government could use TikTok to carry out foreign influence operations by managing the content its American users see. 

TikTok CEO Shou Chew, under questioning from the House Energy and Commerce Committee in March, declared, however, that the company has system in place to prevent potential platform

interference from the Chinese government, reports Law360. 

Also in March, the Biden administration threatened to ban TikTok nationwide if its China-based owner ByteDance declined to sell the platform. 

Do you agree with Montana’s decision to ban TikTok? Let us know in the comments! 


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