Big Sky Times

Montana has filed an injunction against TikTok, escalating a legal battle that began with the state's ban on the platform, citing concerns over privacy and control by the Chinese Communist Party.

"The federal government, other states, and other countries have acknowledged the risks associated with TikTok, but Montana is the first state to take action to protect its citizens' privacy," Knudsen stated. He also commended the decision by the state's lawmakers and Governor Gianforte to ban TikTok's operations in Montana under the current conditions.

Montana, the first U.S. state to ban TikTok, has escalated its continuing legal battle with the popular social media platform by filing a motion for an injunction Friday, August 18. The dispute began when Governor Gianforte signed SB419 into law in May.

Knudsen explained that the move aims to protect the privacy of the state's citizens, citing control of TikTok by officials of the Chinese Communist Party as a significant concern.

The motion presents several legal arguments. The state contends that SB419, which prohibits TikTok's operation in Montana, is a lawful exercise of the state's police power. Regarding First Amendment considerations, the state maintains that SB419 does not infringe on First Amendment rights.

The state's arguments assert that the law withstands both intermediate and strict scrutiny. The state also contends that the law is neither Prior Restraint nor Overbroad, as it does not ban sharing online videos on other platforms but specifically targets TikTok. According to the state, the plaintiffs have failed to demonstrate immediate irreparable harm to warrant preliminary relief. The claims of both First Amendment injury and irreparable economic harm are considered speculative.

Furthermore, the state posits that these arguments strongly support Montana. The federal government has identified China as a foreign adversary, and the concerns about TikTok are widely recognized; noting this, the state argues that SB419 serves the public interest by guarding against the potential risks associated with TikTok.