His decision on Thursday made it clear that the law passed in May likely violates the US Constitution. This means that the law cannot enter into force until after the cases filed against it are decided.
The bill, signed by Governor Greg Gianforte, prevents download platforms from offering the app starting January 1, 2024. The reason given is that the goal is to protect Montana residents’ personal data from the Chinese Communist Party. TikTok users and the company took the law to court.
The right to expression is likely to be affected
Justice Donald Molloy believes there is a good chance they will prevail on the argument that banning the app violates the constitutionally guaranteed right to free speech. A few years ago, US President Donald Trump’s actions against TikTok failed for similar reasons.
TikTok is the only successful online platform in the West that does not come from the USA. There are concerns, especially in the USA, but also in Europe, that the app could be misused by Chinese authorities to collect information about users. The governments of several countries and the European Union Commission have banned the use of TikTok on mobile phones at work.
TikTok has always dismissed concerns, stressing that it does not see itself as a subsidiary of a Chinese company. Bytedance is 60% owned by Western investors. The company’s headquarters are located in the Cayman Islands in the Caribbean. Critics argue that the Chinese founders, with a 20% stake, have maintained control thanks to higher voting rights and that Bytedance has a large headquarters in Beijing.
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