A Judge Blocked a U.S. State’s Attempt to Ban TikTok for All Residents — Here’s Why

Montana residents would have faced $10,000 fines for using the app.

By Emily Rella Dec 01, 2023

Opinions expressed by Entrepreneur contributors are their own.

Montana’s attempt to ban TikTok has been denied by a U.S. judge.

The state passed a first-of-its-kind law in May, which prohibits residents from using the app, and hits violators with $10,000 in fines.

But TikTok sued the state shortly after, as did TikTokers residing in the state.

RELATED: Banning TikTok Would Hurt Small Businesses. Here’s What Congress Should Do Instead

U.S. District Judge Donald Molloy set a preliminary injunction on Thursday to block the state’s ban by saying that it “violates the constitution” and that it “oversteps state power.”

TikTok is owned and operated by China-based ByteDance.

The ban was instated to “protect Montanans from the Chinese Communist Party obtaining and using their data,” per the state’s attorney general office, an accusation lobbied by several lawmakers but something that TikTok has repeatedly denied is the case.

RELATED: Why Is the U.S. Threatening to Ban TikTok?

A spokesperson for TikTok told Reuters that the company was thrilled that Molloy had “rejected this unconstitutional law, and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok.”

The ruling, however, is still preliminary, according to a spokesperson for Montana State Attorney General Austin Knudsen, and “the analysis could change as the case proceeds.”

TikTok did not immediately respond to Entrepreneur‘s request for comment.

Montana’s attempt to ban TikTok has been denied by a U.S. judge.

The state passed a first-of-its-kind law in May, which prohibits residents from using the app, and hits violators with $10,000 in fines.

But TikTok sued the state shortly after, as did TikTokers residing in the state.

RELATED: Banning TikTok Would Hurt Small Businesses. Here’s What Congress Should Do Instead

U.S. District Judge Donald Molloy set a preliminary injunction on Thursday to block the state’s ban by saying that it “violates the constitution” and that it “oversteps state power.”

TikTok is owned and operated by China-based ByteDance.

The ban was instated to “protect Montanans from the Chinese Communist Party obtaining and using their data,” per the state’s attorney general office, an accusation lobbied by several lawmakers but something that TikTok has repeatedly denied is the case.

RELATED: Why Is the U.S. Threatening to Ban TikTok?

A spokesperson for TikTok told Reuters that the company was thrilled that Molloy had “rejected this unconstitutional law, and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok.”

The ruling, however, is still preliminary, according to a spokesperson for Montana State Attorney General Austin Knudsen, and “the analysis could change as the case proceeds.”

TikTok did not immediately respond to Entrepreneur‘s request for comment.

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Emily Rella

Senior News Writer
Emily Rella is a Senior News Writer at Entrepreneur.com. Previously, she was an editor at Verizon Media. Her coverage spans features, business, lifestyle, tech, entertainment, and lifestyle. She is a 2015 graduate of Boston College and a Ridgefield, CT native. Find her on Twitter at @EmilyKRella.

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