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Montana Legislature Violates Constitution With Bill Against TikTok

HELENA, Mo.—Today, Montana passed an unconstitutional bill that would ban the use of TikTok in the state.

“The law sets a dangerous precedent that the government can ban any business it doesn’t like without clear evidence of wrongdoing. The Constitution clearly forbids lawmakers from passing laws that punish specific individuals or businesses and bans Americans from accessing constitutionally protected speech,” said NetChoice Vice President and General Counsel Carl Szabo. “Gov. Greg Gianforte should veto this plainly unconstitutional bill.”

Article I of the U.S. Constitution prohibits “bills of attainder” which are laws that impose punishment on a specific person or entity without a formal trial. Montana’s ban also violates the First Amendment by restricting Americans’ ability to share and receive constitutionally-protected speech online.

Please contact Krista Chavez at