Montana Becomes First State to Ban TikTok, Facing Legal Challenges from Content Creators and Criticism from ACLU

Montana has become the first state in the United States to ban the popular video sharing app TikTok, after Republican Governor Greg Gianforte signed the bill into law on Wednesday, May 17. The law is set to take effect in January 2024 and is already facing legal challenges.

Five TikTok content creators have filed a lawsuit seeking to overturn the ban, arguing that it is an unconstitutional violation of free speech rights. They also argued in a legal complaint filed late Wednesday in federal court in Missoula that the state doesn’t have any authority over matters of national security.

Governor Gianforte and the Montana legislature have defended the ban, saying it is necessary to protect Montana residents’ private data and personal information from being harvested by the Chinese government. Emily Flower, spokeswoman for the Montana Department of Justice, said “We expected a legal challenge and are fully prepared to defend the law.”

The ban has been criticized by the American Civil Liberties Union (ACLU) amid concerns that the bill infringes on First Amendment rights. The ACLU has argued that the ban will trample on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business.

The legal challenge to the ban is ongoing, and it is unclear at this time what the outcome of the case will be. In the meantime, the ban is set to take effect in January 2024, and it remains to be seen whether or not it will be overturned.