TikTok Wins Prelim. Injunction Against Montana Ban


A Preliminary Ruling with Long-Term Implications

While the ruling is preliminary, Montana’s Department of Justice emphasized its potential evolution as the case proceeds. The state looks forward to presenting a full factual record to defend the law designed to guard against data misuse by the Chinese Communist Party.

Legal Tussle: TikTok and Its Users Fight Back

Following the law’s enactment, a swift legal counterattack emerged. A coalition of TikTok users, including content creators, filed a lawsuit seeking to block the law, soon joined by TikTok itself. The app challenged the ban as constitutionally inconsistent and based on unfounded claims of data access by China.

Diverse Stakeholders: Amicus Briefs and Opposing Views

The case attracted a wide range of stakeholders. The Computer & Communications Industry Association, a tech lobbying group, argued against the ban, citing violations of free expression. Conversely, a group of 18 states supported Montana’s stance, viewing the ban as a legitimate consumer protection effort.