“Montana Judge Says TikTok Ban Likely Violates First Amendment”

From the WSJ:

TikTok won a reprieve in Montana after a judge ruled a state law banning the app can’t go into effect in January, saying it “likely violates the First Amendment.”

A federal judge on Thursday granted a preliminary injunction blocking the law, which was passed by the Montana legislature earlier this year, pending the outcome of a lawsuit filed by the social-media company. The legality of the ban itself will be decided later in a bench trial that has yet to be scheduled.

“While there may be a public interest in protecting Montanan consumers, the state has not shown how this TikTok bill does that,” U.S. District Judge Donald Molloy wrote. 

He also said TikTok’s side had better arguments and demonstrated a likelihood to prevail in the eventual case.

Without TikTok, users “are deprived of communicating by their preferred means of speech, and thus First Amendment scrutiny is appropriate,” Molloy wrote in his ruling. The state had argued that the law wasn’t a violation of the First Amendment.

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