Jude grants preliminary injunction blocking Montana TikTok ban

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Update:

• U.S. District Judge Donald W. Molloy granted an injunction and blocked a Montana law that would have banned TikTok’s use in the state beginning Jan. 1.
• TikTok and other businesses claimed that banning the social media app would violate constitutional rights and that the ban could create irreparable harm by blocking businesses from commerce.
• Judge Molloy determined that the law, Senate Bill 419, overstepped Montana’s state powers over the constitutional rights of businesses and individuals.

Montana TikTok ban lawsuit overview: 

• Who: TikTok Inc. filed a lawsuit against Montana Attorney General Austin Knudsen. 
• Why: Montana Gov. Greg Gianforte recently signed a bill into law that bans the operation of TikTok in the state. TikTok argues the ban is unconstitutional and preempted by federal law. 
• Where: The lawsuit was filed in Montana federal court. 
  

(May 26, 2023)

TikTok Inc. has filed a lawsuit against Montana Attorney General Austin Knudsen in an effort to prevent the state from following through with a new law that bans operation of the video sharing platform. 

TikTok claims the law, which was based on a bill called S.B. 419, is “flatly inconsistent with the Constitution,” and based on unfounded claims that it allows the Chinese government to access the data of its American users. 

“Montana’s ban abridges freedom of speech in violation of the First Amendment, violates the U.S. Constitution in multiple other respects, and is preempted by federal law,” the TikTok lawsuit states. 

Republican Gov. Greg Gianforte signed S.B. 419 into law last week, making Montana the first state in the U.S. to ban the operation of TikTok and for mobile application stores to offer it within its borders. 

Gianforte argued the government of China has a “well-documented” history of bad intentions, and accused it of using TikTok to “spy on Americans, violate their privacy, and collect their personal, private and sensitive information.” 

TikTok argues it has put safeguards in place to U.S. users’ data 

TikTok argues Montana has not provided evidence to support its allegations of misconduct, that the company has put safeguards in place to protect the data of its users in the U.S., and that the ban is preempted by federal law. 

“The TikTok Ban is preempted by federal law because it intrudes upon matters of exclusive federal concern,” the TikTok lawsuit states. 

TikTok further claims that it, along with its parent company, ByteDance, have been working with the Committee on Foreign Investment in the United States to attempt to mitigate any perceived national security risks.  

“Montana’s Ban ignores Congress’s clear intention to address national security concerns at a national level rather than to allow a patchwork of State laws,” the TikTok lawsuit states. 

TikTok is requesting declaratory and injunctive relief. 

Last year, TikTok agreed to pay $92 million to resolve claims the company misused its users’ biometric information. 

Are you impacted by the Montana TikTok ban? Let us know in the comments.

TikTok is represented by Alexander A. Berengaut and Megan A. Crowley of Covington & Burling LLP and Rob Cameron and Nathan D. Bilyeu of Jackson Murdo & Grant PC. 

The Montana TikTok ban lawsuit is TikTok Inc. v. Knudsen, Case No. 9:23-cv-00061, in the U.S. District Court for the District of Montana.

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