Montana's TikTok Ban on Hold: Judge Molloy Questions Legality, Constitutional Boundaries

Montana's TikTok Ban Constitutional rights Judge Molloy

By E.Baloyo , Parent Herald Nov 30, 10:10 pm

Photo: (Photo : Dan Kitwood / Getty Images)

In a seismic legal development, U.S. District Judge Donald Molloy has wielded his gavel to issue a preliminary injunction, momentarily slamming the brakes on Montana's impending TikTok ban, scheduled for enforcement in January 2024.

This unprecedented legal twist unfolds against a backdrop of Judge Molloy's palpable apprehension regarding the ban's legal standing and its potential encroachment upon constitutional rights, a narrative meticulously documented in court papers obtained by NBC News.

Montana Takes the Lead with TikTok Ban Legislation

The saga began in May when Montana's Governor Greg Gianforte etched the state's name in legal history by signing SB 419 into law, making Montana the pioneering state to implement a TikTok ban.

The legislation, conceived to be set in motion come January 2024, wielded the punitive power of $10,000 fines per violation for daring users attempting to download the app.

Notably distinctive, Montana's TikTok Ban laid the onus on TikTok and app stores, with enforcement entrusted to the vigilant Montana Justice Department, while individual users found themselves immune from direct penalties.

Content Creators and Tech Giant Challenge the Ban

The legal arena transformed into a battleground as five influential content creators, Samantha Alario, Heather DiRocco, Carly Ann Goddard, Alice Held, and Dale Stout, mobilized legal forces against the state. Their contention echoed through courtrooms, asserting that Montana's ban trampled upon their constitutional rights, with a pointed emphasis on the freedom of speech.

In a symphony of legal actions, TikTok, the tech behemoth from China's ByteDance stable, also entered the fray, mounting its legal defense against Montana's perceived overreach.

The narrative reached a crescendo during an October hearing in Missoula, where Judge Molloy subjected representatives from the state attorney general's office to intense scrutiny. His probing questions resonated through the courtroom, challenging the unique contours of Montana's decision.

With an air of skepticism, he queried whether the state's stance was overly paternalistic in asserting that the ban was a necessary safeguard for TikTok users' data. Fundamental constitutional questions loomed large, especially considering the conspicuous absence of analogous measures in other states.

National and Legal Challenges Surrounding Montana's TikTok Ban

Zooming out from Montana's legal theater, it becomes evident that this is not an isolated legal bout. States such as Utah, Arkansas, and Indiana have independently voiced concerns about child safety and data security, launching their legal offensives against the ubiquitous social media platform.

The Biden administration, donning the mantle of national governance, once dangled the specter of a nationwide TikTok ban should its Chinese owners rebuff divestment.

This tapestry of legal challenges underscores a broader national discourse on user safety and data privacy.

As the legal tapestry continues to weave its intricate patterns, Montana's TikTok ban, for now, resides in the limbo of Judge Molloy's preliminary injunction.

The uncertainty surrounding its legal fate not only captivates the tech giant, content creators, and the state but also casts a long shadow with potential reverberations for other states grappling with analogous concerns over the regulatory leash on social media platforms.

The legal odyssey awaits further arguments and counterarguments, promising an unfolding drama at the intersection of technology, constitutional rights, and state governance.