The legal case for Montana’s TikTok ban

Montana made history with its move to ban TikTok. Given that the state has a serious penchant for deregulation, it’s kind of a shocker. To put this in perspective, Montana was the last state to institute a speed limit, and yet it is now the first state to ban the controversial app.

And for good reason. We know that ByteDance, TikTok’s Beijing-based parent company, can use and has used the data it accesses from TikTok. For instance, the Department of Justice is investigating ByteDance’s use of TikTok data to spy on American journalists.

Montana’s law goes into effect on January 1, 2024. The law imposes a $10,000 fine on TikTok, Google and Apple for each day they make TikTok available to Montanans. (Full disclosure: I testified in favor of Montana’s bill at its House Judiciary Committee last month.)