Montana broke new ground last Friday when it became the first state to pass a comprehensive TikTok ban, impacting nearly all devices within its jurisdiction. This unprecedented move, which extends beyond earlier state bans on government devices, could pave the way for further TikTok bans in other Republican-led states.
The ban’s implications
Montana’s House of Representatives approved the bill, SB 419, with a 54-43 vote. With the state senate’s previous approval in March, only Governor Greg Gianforte’s signature remains before the bill becomes law. The ban will take effect in January 2024 but will be nullified if Congress enacts a national TikTok ban or if TikTok divests its US business from Chinese ownership.
SB 419 bars TikTok from operating in Montana due to fears of the Chinese government using the app for espionage. Non-compliant app stores and TikTok could face daily fines of up to $10,000, enforced by Montana’s Department of Justice. The fines target entities facilitating TikTok downloads, not individual users.
State Sen. Shelley Vance, one of the bill’s main authors, argues that TikTok’s parent company, ByteDance, serves as a surveillance arm for the Chinese Communist Party. However, no definitive evidence of the Chinese government using TikTok to spy on American users has been found.
A TikTok spokesperson stated that the bill, which they view as censorship, is likely to face legal challenges. They expressed their commitment to defending TikTok users and creators in Montana whose livelihoods and First Amendment rights are at risk.
Civil liberties organizations like the ACLU argue that the bill violates the First Amendment and undermines freedom of expression. These groups claim that lawmakers have not demonstrated the immediate danger TikTok poses to Montana residents.
H2: A Nationwide Ban Looming? Montana’s TikTok ban might encourage Republican lawmakers across the country to pursue similar bans. If this happens, TikTok may have no choice but to comply with a forced spinoff of its US business, an option favored by the Biden Administration.
A patchwork of state-level TikTok bans could also prompt Congress to consider a federal ban. While this seemed unlikely just a few months ago, lawmakers from both parties have expressed concerns about TikTok during recent hearings. Currently, multiple bills in Congress could lead to a nationwide TikTok ban.
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