US: lawmakers approve Montana state ban on TikTok

The restriction would go into effect in 2024 but faces almost certain legal challenges, given its unprecedented nature in the country

Lawmakers in the northwestern U.S. state of Montana on Friday approved a total ban on TikTok from 2024, ratcheting up pressure against the popular video platform accused of being a tool of the Chinese Communist Party.

The initiative, the first of its kind in a U.S. state, was adopted by a 54-43 vote and will serve as a legal test for a nationwide ban on the platform owned by China’s ByteDance Group, something lawmakers in Washington are increasingly calling for.

If enacted by Montana’s governor, the bill will be the subject of a furious and unprecedented fight by TikTok in state and U.S. courts.

Prior to the vote, a TikTok spokeswoman said the constitutionality of the bill ultimately “will be decided by the courts.” She added, “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.”

Under the proposed law, Apple and Google would have to remove TikTok from their app stores and the companies would face daily fines of $10,000 if they are found to have violated the law.

The proposed ban would go into effect in 2024, but faces almost certain legal challenges given its unprecedented nature in the United States.

The bill is the latest skirmish in the duel between TikTok and many Western governments, with the app already banned on government devices in the United States, Canada and several countries in Europe.

And despite its immense popularity, TikTok also faces an ultimatum from the White House to separate itself from its Chinese owners or cease operating in the United States.

The app is accused by a wide range of U.S. politicians of being under the tutelage of the Chinese government and a tool of Beijing’s espionage, something the company denies.

In introducing the bill Thursday, Brandon Ler, a Montana state representative, said the Chinese Communist Party “hides behind TikTok to spy on Americans.”

Freedom of speech

Legal analysts and critics insist that the bill overreaches and remains largely symbolic, and that pushing such a drastic measure is nearly impossible at the local level.

“How they would actually implement this bill seems very unclear,” says Andrew Selepak, a professor of social networking at the University of Florida. The bill “seems more like some sort of statement than anything practical,” he added.

Free speech advocates opposed the law.

“Passage of this bill would violate the First Amendment and trample on Montana citizens’ constitutional right to free speech,” said a letter to Montana lawmakers from the American Civil Liberties Union (ACLU) and others.

Montana’s crackdown on TikTok comes as the app faces other proposed domestic legislation, including a bill that could give the White House massive new powers to monitor Chinese tech companies.

Last month, TikTok chief Shou Zi Chew faced a grueling five-hour grilling by combative U.S. lawmakers from both political camps over the app’s ties to China.