The case of TikTok vs. the state of Montana has yet to conclude, but the video app seems to be on its way to a legal victory. The presiding official, District Judge Donald Molloy, has sharply criticized the arguments Montana has put forth to justify its statewide TikTok ban.
Molloy chewed out Montana Solicitor General Christian Corrigan during a hearing to consider a possible temporary injunction. The district judge repeatedly questioned the logic behind the ban and accused the Treasure State of taking a “paternalistic” approach to social media moderation. “It seems like everything [Montana Attorney General Austin Knudsen] argued at hearings and in public statements are directed to, ‘We are going to teach China a lesson,’ not ‘We are going to protect people,'” Molloy said.
The court battle in Montana will determine whether U.S. states have the authority to ban specific platforms or apps. Montana’s law would enforce a ban by fining app stores every time they’re used to download TikTok. Shortly after the passing of the law, TikTok launched a legal challenge against it while also funding a separate class-action lawsuit filed by a group of creators.
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Montana decided to ban TikTok rather than attempting a less severe regulation, and that choice doesn’t seem to be sitting well with Judge Molloy. “It seems to me there are a number of things that a legislature might have or could have done,” he told Corrigan. “For instance, instead of banning TikTok, regulate what data they could obtain.”
Ambika Kumar, a lawyer who is representing the suing creators, also characterized the Montana TikTok ban as an overreach. “Our position is that the state has gone completely overboard,” she said.
Molloy said he would rule on the injunction “as quickly as I can.” In the meantime, TikTok has other legal matters to worry about. Several states, including Utah, Indiana, and Arkansas, have sued TikTok in hopes of regulating the app’s addictive algorithm and curbing its impact on young users. And in Washington, the Supreme Court has agreed to hear a case that will consider whether states can pass laws that ban censorship on social platforms.
The clashes between states and TikTok could play a huge role in shaping future federal policies related to the app. Earlier this year, the Senate introduced the RESTRICT Act, which would limit TikTok’s operations in the U.S. That legislation has since gone back to the drawing board, and the Senate will surely have an eye on regional court battles as it makes revisions.
