A Montana judge ruled on Thursday to block the state’s ban on TikTok from going into effect, marking a win for the popular video streaming app.
U.S. District Judge Donald Molloy, who heard lawsuits filed by TikTok and five Montana content creators against the state’s ban last month, said in a preliminary injunction that the move “is necessary” because the ban likely violates “their First Amendment, Supremacy Clause, and Commerce Clause claims.”
In a 48-page document released by the court, the judge agreed that the law could not take effect from Jan. 1, 2024, as it was scheduled until a final determination was made.
According to the 77-year-old judge, the order was made based on the three claims put forth by the plaintiffs, which alleged the Montana ban violates the company’s constitutionally protected rights to disseminate and promote third-party speech.
The plaintiffs also claimed the ban is preempted by federal law as national security is a matter controlled by the federal government.
They also said the ban violates the Commerce Clause in the U.S. Constitution which bans state laws that unduly burden interstate and foreign commerce.
