Montana’s Unprecedented TikTok Ban is Unconstitutional

A federal court on Thursday blocked Montana’s effort to ban TikTok from the state, ruling that the law violated users’ First Amendment rights to speak and to access information online, and the company’s First Amendment rights to select and curate users’ content.

“Ultimately, if Montana’s interest in consumer protection and protecting minors is to be carried out through legislation, the method sought to achieve those ends here was not narrowly tailored,” the court wrote.

The court’s decision this week joins a growing list of cases in which judges have halted state laws that unconstitutionally burden internet users’ First Amendment rights in the name of consumer privacy or child protection.