Montana’s historic TikTok ban could lay the foundation for a nationwide block (or a SCOTUS case)

Not For You page… On Wednesday, Montana became the first US state to completely ban TikTok. Montana Governor Greg Gianforte signed legislation that will make it illegal for app stores to offer TikTok within the state’s borders starting January 2024. TikTok and app store operators Apple and Google could face fines of $10K/day for each violation, but individual users won’t be penalized.

• POV #1: The move reflects growing concerns over TikTok’s China ties. Gianforte said his priority is “to protect Montanans from Chinese Communist Party surveillance.”

• POV #2: TikTok, owned by Chinese tech titan ByteDance, has denied that it has ever provided user data to the Chinese gov’t.

• POV #3: The ACLU and other critics say the ban violates free speech rights, and Montana’s move is expected to face significant legal challenges.

• Stitch: A trade group funded by Apple and Google has said enforcement would be impossible and that stores can’t geofence downloads state by state.

• Just Duet: Others say the app could be regulated in the same way states restrict online sports gambling (see: New Yorkers taking trains to Jersey to place bets).

From feed to shining feed… The “ban TikTok” movement goes far beyond Montana’s ~1M population. The app has 150M users in the US, where the government’s been talking about a nationwide ban for years. Recently, things… intensified: in March, Congress proposed two bills that would allow for a Tik-ban. President Biden urged lawmakers to pass the legislation. And TikTok’s CEO got grilled by Congress over national security. The US, Canada, and the EU have already barred federal employees from having TikTok on gov’t devices, and India fully banned the app.