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Constitutional Law,
Technology

Jun. 12, 2023

Will Montana's TikTok ban pass constitutional muster?

The State of Montana, through the passage of Senate Bill 0419, has found itself juggling its protection of Montanans by banning the popular social media platform TikTok, and now faces a legal showdown with TikTok users and TikTok Inc. for possible Constitutional violations.

Amanda K. Perez

Associate Attorney
Reid & Hellyer, APC

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In a surprising move, the state of Montana recently enacted a ban on the popular social media platform TikTok – owned by the Chinese company ByteDance. Montana Senate Bill 0419, known as the TikTok Ban, was signed into law by Montana Gov. Greg Gianforte on May 17, and is set to take effect on Jan. 1, 2024. The ban is a response to concerns about TikTok’s data collection practices, data storage locations, and potential risks to national security, which have raised eye...

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