A judge in Montana ruled on Thursday to prevent the state's ban on TikTok from taking effect, marking the victory of this popular video streaming application.
Last month, US District Judge Donald Moloy heard a lawsuit filed by TikTok and five Montana content creators against the state's injunction. In a preliminary injunction, he stated that the move was "necessary" as the injunction may violate "their First Amendment, Supreme Clause, and Commercial Clause claims.".
In a 48 page document released by the court, the judge agreed that the law cannot take effect as planned from January 1, 2024 until a final decision is made.
According to the 77 year old judge, the order was made based on three charges raised by the plaintiff, which allege that the Montana ban violated the company's constitutional right to spread and promote the third dialect theory.
The plaintiff also claims that due to national security being controlled by the federal government, the ban was preemptively implemented by federal law.
They also stated that this ban violates the business clause in the US Constitution, which prohibits state laws from imposing excessive burdens on interstate and foreign commerce.
Montana Governor Greg Gianfurte signed a bill on May 17th to ban the operation of TikTok across the state starting next year, making Montana the first state in the United States to ban the use or access of the social networking platform.
The company stated that the ban imposes a fine of $10000 for each "discrete violation", which includes individuals in Montana accessing TikTok, being provided the ability to access TikTok, or being provided the ability to download TikTok.
TikTok filed a lawsuit in the United States District Court on May 22. Another lawsuit against Montana was filed by five TikTok content creators, including a female businessman, a rancher, a student, and a veteran, all of whom created, posted, watched, interacted with, and shared TikTok videos with "important audiences.".
Last month, Moloy heard arguments from TikTok and the creators of these content in the Montana District Court located in Missoula, USA.