A federal judge on Thursday blocked a Montana law banning the use of TikTok from taking effect on Jan. 1.
U.S. District Judge Donald Molloy issued a preliminary injunction to stop the ban of the Chinese-owned social media app, saying the state ban "infringes on the constitutional rights of users" and was an overreach of state power.
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TikTok is one of the most popular social media apps and boasts more than 150 million U.S. users. Up to a third of Montana residents use the app, the company that owns TikTok, ByteDance, has said.
Eighteen mostly Republican-led states that have been mulling similar bans of TikTok filed briefs in support of Montana. Conservatives have long been skeptical of the Beijing-based app, raising concerns it shares sensitive user data with Chinese authorities amid other security concerns.
TikTok sued Montana over the law in May, arguing it enacted an illegal law that suppresses free speech. TikTok lawyers say national security concerns raised by the state are not backed by solid evidence, a point that the judge appeared to agree with in his 48-page ruling.
"Because Montana does not have an important government interest in regulating foreign affairs, and because the State has not demonstrated the Legislature’s consumer protection interest in passing the bill, it is likely that Plaintiffs will succeed in showing SB 419 does not advance an important government interest as stated in the Act’s preamble and text," Molloy wrote.
The legality of the law will be considered further at a bench trial that has not yet been scheduled, but for now, TikTok will remain available in the state.
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“This is a preliminary matter at this point," a spokeswoman for Montana Attorney General Austin Knudsen told the Washington Examiner. "The judge indicated several times that the analysis could change as the case proceeds and the state has the opportunity to present a full factual record."
The video-based social media giant has said China-based employees at ByteDance no longer have access to U.S. user data under a firewall that has been put in place with the help of Texas-based software company Oracle. The plan with Oracle is intended to store all U.S. residents' data on servers owned and maintained by Oracle, with oversight from independent auditors.