“Ultimately, if Montana’s interest in consumer protection and protecting minors is to be carried out through legislation, the method sought to achieve those ends here was not narrowly tailored,” the court wrote. Although the court declined to decide whether the law was subject to heightened review under the Constitution (known as strict scrutiny), it ruled that Montana’s banning of TikTok failed to satisfy even less-searching review known as intermediate scrutiny. The district court agreed that Montana’s statute violated the First Amendment. The brief argued that Montana’s ban was as unprecedented as it was unconstitutional, and we are pleased that the district court blocked the law from going into effect. “SB 419 bans TikTok outright and, in doing so, it limits constitutionally protected First Amendment speech,” the court wrote.ĮFF and the ACLU filed a friend-of-the-court brief in support of the challenge, brought by TikTok and a group of the app’s users who live in Montana. And although Montana has an interest in protecting minors from harmful content and protecting consumers’ privacy, the law’s total ban was not narrowly tailored to address the state’s concerns. In issuing a preliminary injunction, the district court rejected the state’s claim that it had a legitimate interest in banning the popular video sharing application because TikTok is owned by a Chinese company. EFF opposed enactment of this law, along with ACLU, CDT, and others. ![]() The law was scheduled to take effect in January. Montana passed a law in May that prohibited TikTok from operating anywhere within the state and imposed $10,000 penalties on TikTok or any mobile application store that allowed users to access TikTok. ![]() A federal court on Thursday blocked Montana’s effort to ban TikTok from the state, ruling that the law violated users’ First Amendment rights to speak and to access information online, and the company’s First Amendment rights to select and curate users’ content.
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