Montana has announced its decision to appeal a ruling made by a US judge in November that blocked the state’s pioneering ban on the use of the short-video sharing app TikTok. Montana Attorney General Austin Knudsen filed a notice, signalling the state’s appeal to the Ninth Circuit US Court of Appeals, as per a report by Reuters.
Initially scheduled to become effective on January 1, Montana’s TikTok ban faced a setback when US District Judge Donald Molloy issued a preliminary injunction on November 30, citing that the state’s law “violates the Constitution in more ways than one” and “oversteps state power.”
TikTok and Knudsen’s office refrained from immediate comments, while Molloy had previously outlined that preliminary pretrial statements were due by January 16.
Montana’s ban, which gained approval from the state legislature, prompted TikTok users in the state to file a lawsuit last year, expressing concerns about the personal data of Montana users and potential Chinese spying.
In response, TikTok stated in earlier court filings that it had not shared and would not share US user data with the Chinese government. The platform emphasized taking substantial measures to safeguard the privacy and security of TikTok users. Judge Molloy expressed the view that Montana’s action was overly broad and sought to exercise foreign policy authority belonging to the federal government.
While TikTok has faced attempts in Congress to ban the app or grant the Biden administration powers to impose restrictions on foreign-owned apps, these efforts have encountered obstacles. Although many states and the US government have restricted TikTok on government-owned devices, Montana stands out as the only state aiming for a comprehensive ban on the app’s use.
Former President Donald Trump had sought to block new downloads of TikTok and the Chinese-owned WeChat in 2020. However, a series of court decisions prevented the effective implementation of the ban.
(With inputs from agencies)
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