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U.S. Judge Rightly Blocks Montana TikTok Ban Infringing on First Amendment

HELENA, Mont.—Yesterday, a federal judge rightly temporarily halted a Montana law banning TikTok from going into effect, noting that the law was likely unconstitutional.

“This law is plainly unconstitutional, and we are glad to see the court recognize this in the preliminary injunction and ensure the internet remains open and free for Americans,” said Carl Szabo, NetChoice Vice President & General Counsel. “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 passing this law, Montana’s government ignored the Constitution, harmed its businesses and creators, chilled innovation and disconnected Montanans. The court’s decision to block this law is correct.”

Szabo continued: “A ‘ban’ is a diktat used by authoritarian countries—not the United States of America.”

In his ruling on Alario & TikTok v. Knudson, ​​U.S. District Court Judge Donald Molloy noted that the ban “oversteps state power and infringes on the Constitutional right of users and businesses.”

You can read NetChoice’s amicus brief in this case with Chamber of Progress here

Please contact Krista Chavez at with inquiries.