Montana governor signs bill entirely banning TikTok, federal lawsuit follows

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The governor of Montana signed a bill into law banning TikTok on all devices in the state, not just government-issued devices as in some other states. The law takes effect in January 2024, and is the latest anti-TikTok legislation centered around security concerns over potential Chinese surveillance of its users. Creators of TikTok swiftly filed a federal lawsuit to block it. 

Key Players

The Montana State Legislature consists of a 50-person Senate and a 100-person House of Representatives. Republicans enjoy a supermajority in both chambers. 

TikTok is a video-sharing app developed and owned by Chinese tech company ByteDance, which has been the subject of global calls for boycott over its ties to the Chinese government and accusations of censorship.

Further Details

On Feb. 20, 2023, a month before TikTok CEO Shou Zi Chew testified before a committee of the U.S. House of Representatives, Montana state Sen. Shelley Vance (R), whose district encompasses Belgrade, about 90 miles southwest of the state capital, Helena, introduced Senate Bill 419. Unlike other legislation targeting TikTok, such as the Biden administration’s ban on installing it on any U.S. government devices, or the Florida State University System’s ban on TikTok at public schools and colleges, the bill would apply to all devices within Montana, CNN reported.

Security concerns lie not necessarily with TikTok itself, but rather with ByteDance, which has a history of censoring content at the behest of the Chinese government. 

“TikTok’s stealing of information and data from users and its ability to share that data with the Chinese Communist Party unacceptably infringes on Montana’s right to privacy,” the bill stated.

One of the goals of the Congressional hearing with Chew was to determine whether ByteDance had given the Chinese government access to Americans’ user data, thus allowing Beijing to spread propaganda more easily. Tiktok and Chew have denied these claims, and there is currently little direct evidence to support them, Politico reported. 

The Montana legislature had the same security concerns as the federal government, citing issues around Chinese surveillance, as well as the potential for theft of state intellectual property. During debates over SB 419, House Democrats introduced an amendment that would expand its scope beyond TikTok to apply to all “social media applications that send data to foreign adversaries on all electronic devices.” 

State Rep. Katie Sullivan (D), whose district includes the university town of Missoula, sponsored the amendment, and said she hoped that if the bill did not target TikTok exclusively, courts would be less likely to deem it unconstitutional. However, the amendment failed in the House by 48-51. 

Notably, SB 419 would punish individuals who allow TikTok to be downloaded and used with a fine of $10,000 for every day they ignore the restriction. 

Opponents of the bill argued it was unconstitutional and that Montana users could find ways to skirt the legislation, such as manipulating their location to be outside the state’s borders. 

On March 2, SB 419 passed the Senate 30-20 with two Democrats joining 28 Republicans who voted in its favor. 

Outcome 

SB 419 passes House

On April 13, SB 419 passed the House by 54-43. State Rep. Mary Caferro (D), whose district includes Helena, was the sole Democrat to vote yes, while 14 Republicans voted no. 

After the vote, representatives of TikTok said they intend to fight any such bans. 

“The bill’s champions have admitted that they have no feasible plan for operationalizing this attempt to censor American voices and that the bill’s constitutionality will be decided by the courts,” TikTok said in a statement. “We will continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach.”

Governor signs bill

On May 17, Gov. Greg Gianforte (R) signed SB 419, enacting a statewide ban on TikTok, The Washington Post reported. The law is scheduled to take effect on Jan. 1, 2024. However, experts say it is likely to face many legal challenges before then. Experts have also speculated that the bill will serve as a case study in how far governments can stretch their power in banning private companies. 

“Together, we will defend the State of Montana and its people against threats to our security, privacy, and way of life,” Gianforte said.

In response to the governor’s signature, a TikTok spokesperson said the bill “infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state.” The American Civil Liberties Union also accused Gianforte of “flouting the First Amendment.” 

TikTok creators sue Montana 

That same day, a group of TikTok creators sued to block SB 419, arguing the law violated the First Amendment, The Guardian reported. 

“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the lawsuit stated.