In a landmark decision, Montana, led by Republican Governor Greg Gianforte, has become the first state in the United States to officially prohibit TikTok due to mounting security concerns. The state’s GOP-controlled Legislature introduced the measure in February, triggering months of national debate. Despite potential challenges in court, the ban is set to take effect on January 1, 2024.
Governor Gianforte emphasized the significance of protecting Montanans’ private data and sensitive personal information from potential exploitation by the Chinese Communist Party. Both Republican and Democratic lawmakers have expressed apprehensions about TikTok’s potential threat to national security, including the potential for espionage by the Chinese government.
Under the new law, TikTok will be banned across Montana, with fines of $10,000 per day for any “entity” enabling access to the platform or facilitating its download within the state. However, individual users will not be penalized. The ban on TikTok follows a previous restriction imposed by Governor Gianforte, which prohibited the app’s use on government-owned devices.
TikTok spokesperson Brooke Oberwetter criticized the law, asserting that it infringes on users’ First Amendment rights and is unlawful. The app intends to continue defending the rights of its users, both within and outside of Montana, to express themselves, earn a living, and find community.
Despite the ban, critics argue that it may be challenging to enforce due to the availability of virtual private networks (VPNs) that allow users to circumvent restrictions. The American Civil Liberties Union of Montana and NetChoice, a trade coalition, have deemed the Montana law unconstitutional, citing its violation of free speech rights and its potentially discriminatory nature rooted in anti-Chinese sentiment.
It’s worth noting that earlier attempts to impose a nationwide TikTok ban were blocked, with Republican Senator Rand Paul of Kentucky arguing that such a ban would be unconstitutional and alienate app users. Montana’s decision is expected to face backlash from TikTok users and advocacy groups. The app’s immense popularity worldwide and its emergence as a competitor to established U.S. tech giants underscore the significance of this ban.
