Montana Appeals U.S. Judge's Ruling Blocking State Ban on TikTok
Montana has officially announced its decision to appeal a U.S. judge's ruling from November that blocked the state's unique ban on the popular short-video sharing app TikTok. Montana Attorney General Austin Knudsen filed a notice stating that the appeal will be directed to the Ninth Circuit U.S. Court of Appeals.
Initially slated to take effect on January 1, Montana's ban on TikTok was halted by U.S. District Judge Donald Molloy on November 30, who issued a preliminary injunction. Judge Molloy argued that the state's law "violates the Constitution in more ways than one" and "oversteps state power."
Both TikTok and the Montana Attorney General's office refrained from immediate comments on the latest development. Judge Molloy had previously set a deadline of January 16 for preliminary pretrial statements.
The legal dispute emerged after TikTok users in Montana filed a lawsuit last year, seeking to prevent the enforcement of the ban approved by the state legislature. The ban raised concerns about the personal data of Montana users and potential Chinese spying. In response, TikTok asserted in court filings that it had not shared and would not share U.S. user data with the Chinese government, emphasizing the company's commitment to protecting user privacy and security.
Judge Molloy's ruling highlighted concerns that Montana's attempted ban on TikTok involved an overreach into foreign policy authority held by the federal government. He deemed the state's action too broad and in violation of constitutional principles.
While various attempts in Congress to ban TikTok or grant the Biden administration powers to impose restrictions on foreign-owned apps have stalled, Montana stands out as the only state seeking a complete prohibition of TikTok use. Notably, former President Donald Trump had attempted to ban new downloads of TikTok in 2020, along with the Chinese-owned WeChat, but court decisions thwarted the implementation of the effective ban. The legal battle surrounding TikTok remains a focal point in the ongoing debates surrounding technology, national security, and individual privacy.
