US Judge Issues Injunction, Putting Pending TikTok Ban On Hold

A federal judge in Montana has temporarily halted the impending ban on TikTok, which is scheduled to take effect next year, asserting that the popular video-sharing app is likely to succeed in its ongoing legal challenge.

US District Court Judge Donald Molloy issued an injunction against the ban until the case, initiated by TikTok in May, is adjudicated on its merits.

Judge Molloy expressed the view that TikTok and its users were likely to prevail, highlighting that the Montana law not only infringes on free speech rights but also contradicts the federal government’s exclusive authority over foreign policy matters.

Molloy noted that Montana’s legislature and attorney general seemed more focused on targeting China’s perceived role in TikTok than safeguarding Montana consumers.

Owned by the Chinese firm ByteDance, TikTok has faced accusations from various US politicians of being influenced by Beijing, a claim vehemently denied by the company. Montana’s law stipulates that the TikTok ban would be nullified if the app is acquired by a company incorporated in a country not designated by the United States as a foreign adversary.

TikTok argued that the proposed ban, unprecedented in its scope, violates constitutionally protected free speech rights. The ban, signed into law by Republican Governor Greg Gianforte, is viewed as a legal litmus test for a potential nationwide prohibition of the Chinese-owned platform, an idea gaining traction among lawmakers in Washington.

Under the ban, violations occur each time a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok, with each violation carrying a $10,000 fine per day. The law mandates that Apple and Google remove TikTok from their app stores.

Critics, including ACLU Montana policy director Keegan Medrano, argue that state leaders have trampled on the free speech rights of TikTok users in the name of anti-Chinese sentiment.

This legal development adds to the ongoing disputes between TikTok and several Western governments, with the app already banned on government devices in the United States, Canada, and several European countries.