A judge is scheduled to hear arguments from several content creators challenging Montana’s ban on TikTok, a move that was passed over concerns that China could access user data.
A federal judge is scheduled to hear arguments Thursday in a case filed by TikTok and five Montana content creators who want the court to block the state’s ban on the video sharing app before it takes effect Jan. 1. U.S. District Judge Donald Molloy of Missoula is not expected to rule immediately on the request for a preliminary injunction. Montana became the first state in the U.S.
Content creators say the ban violates free speech rights and could cause economic harm for their businesses. TikTok said in court filings that the state passed its law based on 'unsubstantiated allegations,' that Montana cannot regulate foreign commerce and that the state could have passed a law requiring TikTok limit the kinds of data it could collect, or require parental controls, rather than trying to enact a complete ban.
The American Civil Liberties Union, its Montana chapter and Electronic Frontier Foundation, a digital privacy rights advocacy group, have submitted an amicus brief in support of the challenge. Meanwhile, 18 attorneys generals from mostly Republican-led states are backing Montana and asking the judge to let the law be implemented. Even if that happens, cybersecurity experts have said it could be challenging to enforce.
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