The state of Montana asked a judge not to block its law banning TikTok, arguing the ban is not a violation of the First Amendment or freedom of speech, but is instead a restriction on the use of a product.
Arguments over whether the court should impose an injunction, blocking the law from taking effect, are scheduled before Judge Donald W. Molloy, a Clinton-appointee, on Oct. 12.
“The federal government, other states, and other countries have recognized the dangers of TikTok because it is under the thumb of Chinese Communist Party officials, but the State of Montana is the first state to take action and protect its citizens’ privacy,” said Montana Attorney General Austin Knudsen.
The 43-page document details a “tsunami of reporting” about the Chinese Communist Party’s alleged links to the tech company and its ability to access user information. It also points to whistleblower testimony to lawmakers and a lawsuit filed by a former executive of ByteDance against the company, claiming the ruling Communist Party has access to some U.S. residents’ data.
The state has said it will not enforce the law against individual users but only on the tech companies.
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