The ruling delivered a temporary win for the social media company that has argued the state went “completely overboard” in trying to regulate the app.
TikTok and Montana faced off in federal court on Thursday in a case filed by the video sharing app and five content creators who want the court to block the state’s ban on the platform.
TikTok and five of its Montana-based creators sued the state’s attorney general in two separate federal lawsuits challenging the state’s recently signed legislation which bans the app, claiming it violates the First Amendment.
According to The Washington Post, U.S. District Judge Carl J. Nichols questioned whether President Trump had given TikTok enough time to respond before issuing his executive order on August 6th. The ruling blocks the portion of the ban that would have prohibited users from downloading the app online.
The lawsuits, filed by WeChat users and the company Tiktok, claim the executive orders violate the First and Fifth Amendment, and that the law is unconstitutionally overbroad. Both lawsuits are asking for declaratory relief, as well as a preliminary and permanent injunction barring the president from enforcing the orders.
The order prohibits American companies from doing business with TikTok’s parent company, ByteDance, a move experts say would eventually prevent Americans from using the app. Both the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University warned the White House’s efforts to cut ties with Chinese social media companies violate the First Amendment rights of U.S. users.