Can the attempt to ban TikTok still fail?

Can the attempt to ban TikTok still fail?

New York, December 5th 2023

A federal judge has blocked Montana’s TikTok ban, originally scheduled for January 1, from taking effect. On Thursday, US District Judge Donald Molloy issued a preliminary injunction to block the first nationwide ban on the ByteDance-owned video app in the US.

Molloy said the ban “exceeds the power of the state and violates the constitutional rights of users.” The ban was a clear attempt to target „China’s alleged role in TikTok“ and not a genuine attempt to protect users in Montana, he said.

The ban could potentially apply again pending an upcoming trial, but the injunction states that TikTok will likely prevail because it has made stronger arguments.

The Montana Attorney General’s Office noted that the judge’s decision was „only a preliminary matter at this point.“

Montana Gov. Greg Gianforte signed the bill in May that bans TikTok in the state and requires mobile app stores to block access to residents.

TikTok filed a lawsuit soon after, saying the ban violated the First Amendment rights of the company and users.