In the latest of many similar battles, the Montana ban on TikTok has been blocked, extending the critics’ losing streak.
The ban, which was set to take effect in July 2020, was blocked by Judge Robert Wilkins. Judge Wilkins has also written two other opinion pieces on the subject of the Montana ban, arguing that it was both unjustified and unconstitutional.
The Montana ban was part of a wider effort to restrict the popular social media platform and its users from entering the state. Prior to the attempt to ban TikTok, the Montana legislature had tried to pass a law that would require the app to submit to annual audits, meaning that the app would be subject to certain conditions if it was allowed to continue operating in the state.
The Montana ban is just the latest in a string of similar legal battles in the US. In April of 2020, Wyoming passed a law banning public schools and colleges from using TikTok. That ban was later blocked by a federal court, in a decision similar to the one Judge Wilkins delivered in the Montana case.
These decisions are a significant blow to the critics of TikTok who have been attempting to pass laws that restrict or even ban the app in their respective states. While many of the laws proposed have been unsuccessful, critics have seen success in other court cases.
In the case of the Montana ban, however, the court found that the legislature had failed to meet its burden of proof in proving that the ban was necessary or even constitutional. Judge Wilkins argued that the legislature had no legal basis for restricting the app and instead should focus on educating users about safe online practices.
The decision in the Montana case means that, for the time being, the app is safe to use in the state. Although the ruling is a win for TikTok and its supporters, it’s important to remember that in the US, much of the legal regulation of the tech world is beyond the scope of the federal government. This means that each state can set its own guidelines and regulations for how they want to govern tech which could still affect TikTok’s presence in the future.
For now, it looks like critics of TikTok have suffered yet another defeat. While this may delay efforts to bring back regulations that could restrict or even ban the app, it’s clear that these battles are far from over. TikTok and its users can breathe a sigh of relief for now, but the future of the app remains uncertain as it continues to fight for its place in the tech world.