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An Act Banning TikTok in Montana - SB.419

Name
Type
Government
Date Initiated
Status
Last Updated

Summary

The bill prohibits Tiktok from operating within the territorial jurisdiction of Montana. An entity violates this prohibition when any of the following occurs within the territorial jurisdiction of Montana:
(a) the operation of TikTok by the company or users; or
(b) the option to download the TikTok mobile application from a mobile application store.

Updates

March 2, 2023. Passed the Montana Senate by a vote of 30 to 20.

April 14, 2023. Passed the Montana House of Representatives by a vote of 54 to 43.

May 17, 2023. Signed into law by the governor of Montana. The effective date of the bill is January 1, 2024.

May 22, 2023. TikTok Inc. filed a complaint against the attorney general of Montana (Austin Knudsen) in Federal court, challenging the constitutionality of Montana's law. The complaint alleges that the "ban abridges freedom of speech in violation of the First Amendment, violates the U.S. Constitution in multiple other respects, and is preempted by federal law."

November 30, 2023. US District Court Judge Donald W. Molloy ruled in favor of TikTok. The decision finds that TikTok has shown a likelihood of success on the merits of its lawsuit and grants a preliminary injunction preventing the law from going into effect.

April 10, 2024. US District Court granted limited and targeted discovery in the case.

May 15, 2024. US District Court granted a stay of proceedings pending the adjudication of plaintiff TikTok's constitutional challenge to the Protecting Americans from Foreign Adversary Controlled Applications Act, which is pending in the D.C. Court of Appeals.