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Montana Violates U.S. Constitution By Implementing TikTok Ban

HELENA, Mont.—Today, Montana signed into law an unconstitutional ban on the use of TikTok in the state.

“The government may not block our ability to access constitutionally protected speech – whether it is in a newspaper, on a website or via an app. In implementing this law, Montana ignores the U.S. Constitution, due process and free speech by denying access to a website and apps their citizens want to use,” said NetChoice Vice President and General Counsel Carl Szabo.

“The Constitution also clearly forbids lawmakers from passing laws that punish specific individuals or businesses and bans Americans from accessing constitutionally protected speech,” continued Szabo. “We are disappointed to see Gov. Gianforte sign this plainly unconstitutional bill.”

Montana’s ban violates the First Amendment by restricting Americans’ ability to share and receive constitutionally-protected speech online. Additionally, 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. 

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