Montana Governor Signs Landmark Bill Banning TikTok Statewide

Montana Governor Greg Gianforte made history on Wednesday as he signed into law a groundbreaking bill that effectively bans the popular social media app TikTok from the state. This legislation marks the first-ever statewide prohibition of TikTok's download and usage, set to take effect in January 2024. The move aims to safeguard the personal and private data of Montanans from potential threats associated with the Chinese Communist Party.

Under the new law, app stores, including Apple and Google, are prohibited from offering TikTok downloads to users in Montana. Violators of this ban, including the tech giants themselves, could face a hefty daily fine of $10,000. However, individuals who download the app will not be subjected to any penalties.

Governor Gianforte, a Republican, took to Twitter to announce his decision, stating, "To protect Montanans' personal and private data from the Chinese Communist Party, I have banned TikTok in Montana." While other states have previously forbidden TikTok usage on government-owned devices, Montana's blanket ban extends to regular citizens as well.

TikTok, a widely popular platform used by over 150 million Americans, responded to the ban through a spokesperson, expressing concerns about the infringement on the First Amendment rights of Montana residents. The company believes that the legislation unlawfully restricts the freedom of expression of the state's citizens. Apple and Google have not yet responded to requests for comment regarding their compliance with the ban.

Legal experts anticipate that the new law will face legal challenges due to potential constitutional violations. Carl Szabo, the general counsel for NetChoice, stated, "Nobody ever writes a bill that is this clearly unconstitutional" when referring to the TikTok ban. TikTok itself expects a legal battle, emphasizing their commitment to defending the rights of their users within and beyond Montana.

Critics of the ban, including the American Civil Liberties Union (ACLU), argue that it blatantly infringes upon users' freedom of speech. Keegan Medrano, the Policy Director of ACLU Montana, criticized the law, saying, "With this ban, Governor Gianforte and the Montana legislature have trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves."

Montana TikTokers, who were interviewed by Gizmodo, expressed their concerns about the ban and the potential disruption it may cause in their lives. Many of them shared their deep attachment to the app, citing the opportunities for business success and the formation of genuine friendships within the TikTok community. A veteran and metal sculptor described how fellow veterans would reach out to him if he hadn't posted videos for a few days, demonstrating the strong support system he found on the platform.

Governor Gianforte's actions align with the broader debate surrounding TikTok's presence in the United States. The federal government, including President Joe Biden's administration, has raised concerns about national security risks associated with the app. They have urged TikTok's parent company, ByteDance, to sell the platform to a U.S. company or face potential prohibition from the country. Additionally, TikTok's CEO faced a five-hour hearing before Congress earlier this year, where the app's national security concerns were extensively discussed.