It appears that the Montana ban on TikTok has been blocked, thus extending its critics’ losing streak. Despite the multitude of lawsuits against the company for its unsafe practices when it comes to children, it looks like it’s business as usual for the popular social video-sharing platform.
The ban on TikTok from Montana was first enacted in early June and was intended to prevent data mining and protect the privacy of children. Unfortunately, the state ran into several Constitutional issues, as the ban seems to violate the First Amendment by denying users the platform’s access to the Internet.
In response to the State of Montana’s lawsuit seeking an injunction to block the enforcement of the ban, a U.S. District Court ruled in the company’s favor. The court argued that the ban would have “far-reaching effects” and raised a “serious First Amendment concern”. The judge additionally noted that since Montana lacked the resources to create its own platform, there was no way to restrict access to only certain users.
With the ban blocked, this is now the second time a state has unsuccessfully attempted to restrict access to TikTok. Earlier this year, Florida tried to pass a similar law, but it was also dismissed by a U.S. District Court. The ruling in that case made it clear that states must be careful in regulating app content.
Though critics of TikTok are no doubt disappointed by the outcome of this ruling, it should not come as much of a surprise. Large companies have become well-versed in utilizing the court system to beat back any attempts to restrict their activities. The bottom line is that if legislators hope to regulate the digital activities of large companies, their efforts must be better thought out. As for the critics’ losing streak, it looks like it’s not ending anytime soon.
It appears that the Montana ban on TikTok has been blocked, thus extending its critics’ losing streak. Despite the multitude of lawsuits against the company for its unsafe practices when it comes to children, it looks like it’s business as usual for the popular social video-sharing platform.
The ban on TikTok from Montana was first enacted in early June and was intended to prevent data mining and protect the privacy of children. Unfortunately, the state ran into several Constitutional issues, as the ban seems to violate the First Amendment by denying users the platform’s access to the Internet.
In response to the State of Montana’s lawsuit seeking an injunction to block the enforcement of the ban, a U.S. District Court ruled in the company’s favor. The court argued that the ban would have “far-reaching effects” and raised a “serious First Amendment concern”. The judge additionally noted that since Montana lacked the resources to create its own platform, there was no way to restrict access to only certain users.
With the ban blocked, this is now the second time a state has unsuccessfully attempted to restrict access to TikTok. Earlier this year, Florida tried to pass a similar law, but it was also dismissed by a U.S. District Court. The ruling in that case made it clear that states must be careful in regulating app content.
Though critics of TikTok are no doubt disappointed by the outcome of this ruling, it should not come as much of a surprise. Large companies have become well-versed in utilizing the court system to beat back any attempts to restrict their activities. The bottom line is that if legislators hope to regulate the digital activities of large companies, their efforts must be better thought out. As for the critics’ losing streak, it looks like it’s not ending anytime soon.
