Federal judge rules in TikTok’s favor, dealing decisive blow to Montana’s statewide ban

TikTok just won a major victory that could secure its operations in the United States. A federal judge has ruled in the app’s favor in a case that tested the legality of Montana’s proposed ban on the video app.

The ruling in question came from U.S. District Judge Donald Molloy, who said that the proposed law “oversteps state power.” Molloy argued that the ban was nothing more than a thinly veiled attempt to target “China’s ostensible role in TikTok.” He ruled that the law should be blocked, and a preliminary injunction filed on November 30 put his decree into action.

Molloy’s rhetoric resembles the arguments he made in October, when he criticized the rationale behind Montana’s TikTok ban. At the time, he called the law “paternalistic” and claimed that it does not have citizens’ best interests in mind.

TikTok immediately challenged the law after Montana Governor Greg Gianforte approved it in May. The app also funded separate lawsuits filed by some of its Montana-based creators. “We are pleased the judge rejected this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok,” reads a statement from TikTok spokesperson Alex Haurek

It’s worth noting that Montana v. TikTok is not yet a closed case. A spokesperson for Montana Attorney General Austin Knudsen (the author of the contested law) described Molloy’s ruling as “preliminary.” Nevertheless, the federal judge said that TikTok’s “better arguments” gave it “a likelihood to succeed” in the proceedings.

The national U.S. government already seems to be walking back its own threats to ban TikTok. Earlier this year, a bipartisan group of Senators proposed the RESTRICT Act as a means of curbing foreign influence on domestic apps. That bill has since been retooled into a less severe decree, but there’s no indication that Congress has any immediate plans to pass the RESTRICT Act.

The rumors of a TikTok ban may have been greatly exaggerated, but the app is not out of the woods yet. Its CEO, Shou Zi Chew, still needs to assure Congress that his app doesn’t enough to protect underage users. Chew is one of five tech CEOs who will head to Capitol Hill on January 31 for a hearing hosted by the Senate Judiciary Committee.