Montana Bans TikTok, First State to Do So.

Montana Becomes First State to Ban TikTok

Protecting Residents from Alleged Intelligence Gathering by China

Montana Governor Greg Gianforte has signed a bill to ban Chinese-owned TikTok from operating in the state, making it the first US state to ban the popular short video app. The ban is to take effect on January 1, 2024, and will make it unlawful for Google and Apple’s app stores to offer TikTok within the state. However, no penalties will be imposed on individuals using the app. The move is aimed at protecting residents from alleged intelligence gathering by China. TikTok, owned by Chinese tech company ByteDance, did not respond to a Reuters question asking if it planned legal action.

Growing Calls to Ban TikTok Nationwide

TikTok, which has over 150 million American users, has faced growing calls from US lawmakers and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform. The app has become wildly popular with teens, with 67% of US teens ages 13 to 17 using TikTok, according to the Pew Research Center. TikTok has repeatedly denied that it has ever shared data with the Chinese government and has said the company would not do so if asked.

Free Speech “Trampled”

The American Civil Liberties Union (ACLU) slammed the law as “unconstitutional” and noted that it will go into effect on Jan. 1 if the courts do not act. “With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment,” said Keegan Medrano, policy director at the ACLU of Montana, in a statement.

TikTok’s Free Speech Allies

TikTok’s free speech allies include several Democratic members of Congress, including Representative Alexandria Ocasio-Cortez, and First Amendment groups like the American Civil Liberties Union. Industry group NetChoice general counsel Carl Szabo also criticized the new law, saying that “the government may not block our ability to access constitutionally protected speech – whether it is in a newspaper, on a website or via an app.”

• Montana will ban TikTok from operating in the state to protect residents from alleged intelligence gathering by China.
• The ban is to take effect on January 1, 2024, and will make it unlawful for Google and Apple’s app stores to offer TikTok within the state.
• No penalties will be imposed on individuals using the app.
• TikTok has faced growing calls from US lawmakers and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform.
• The American Civil Liberties Union (ACLU) slammed the law as “unconstitutional” and noted that it will go into effect on Jan. 1 if the courts do not act.
• TikTok’s free speech allies include several Democratic members of Congress, including Representative Alexandria Ocasio-Cortez, and First Amendment groups like the American Civil Liberties Union.

Despite the ban, TikTok is working on an initiative called Project Texas, which creates a standalone entity to store American user data in the US on servers operated by US tech company Oracle.

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