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U.S. judge blocks Montana's ban of TikTok

CGTN

 , Updated 11:05, 01-Dec-2023
A person holds a smartphone with TikTok logo displayed in this picture illustration. /Reuters
A person holds a smartphone with TikTok logo displayed in this picture illustration. /Reuters

A person holds a smartphone with TikTok logo displayed in this picture illustration. /Reuters

A Montana judge ruled on Thursday to block the state's ban on TikTok from going into effect, marking a win for the popular video streaming app.

U.S. District Judge Donald Molloy, who heard lawsuits filed by TikTok and five Montana content creators against the state's ban last month, said in a preliminary injunction that the move "is necessary" because the ban likely violates "their First Amendment, Supremacy Clause, and Commerce Clause claims."

TikTok said it was 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."

A spokesperson for Montana state attorney general Austin Knudsen's office, which defended the ban, noted the ruling was preliminary and said "the analysis could change as the case proceeds."

TikTok said in earlier court filings it "has not shared, and would not share, U.S. user data with the Chinese government, and has taken substantial measures to protect the privacy and security of TikTok users."

Montana could have imposed fines of $10,000 for each violation by TikTok in the state but the now blocked state law did not impose penalties on individual TikTok users. Molloy said Montana sought to exercise foreign policy authority held by the federal government and the state's action was too sweeping.

TikTok has faced efforts by some in Congress to ban the app or give the Biden administration powers to impose restrictions or bar foreign-owned apps, but those efforts have stalled. Many states and the U.S. government have barred TikTok on government-owned devices, but only Montana has sought to completely bar the app's use.

(With input from agencies)

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