Ambika Kumar, a lawyer for the creators, celebrated Thursday’s decision and reiterated that they view the law as “unwarranted and unconstitutional.” The company’s legal challenge to the ban followed a suit filed by a group of TikTok content creators who said the Montana law violates the Constitution’s First Amendment and will disrupt their livelihoods. ![]() “We look forward to presenting the complete legal argument to defend the law that protects Montanans from the Chinese Communist Party obtaining and using their data,” said Knudsen spokeswoman Emilee Cantrell in a statement. Knudsen’s office argued it was illogical for TikTok to claim that Montana lacks evidence of its link to China, and to assert that the state’s ban is pre-empted because the company has been negotiating with the federal government over China-related national security concerns. TikTok Ban in Montana Seen by Judge as Out of Step With USĪ lawyer arguing for Montana Attorney General Austin Knudsen said during an October hearing that the state had provided ample evidence of the need to ban TikTok, which is owned by China-based ByteDance Ltd. “We are pleased the judge rejected this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok,” the spokesperson said in an email. “Despite the state’s attempt to defend SB 419 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,” US District Judge Donald Molloy wrote. Thursday’s ruling halts the Montana measure - known as SB 419 - from taking effect Jan. A 2022 Pew Research Center survey found that two-thirds of American teens were using TikTok every day, with 16% saying they were on the platform almost constantly. ![]() The bans pit concerns about privacy and national security against personal freedoms. The European Union, the UK, Canada and a handful of other nations have imposed similar restrictions. With a law enacted in May, Montana became the first state to completely bar TikTok’s operations after targeted bans focusing on government devices and networks cascaded across the country last year.
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