Montana lawmakers approve a first-of-its-kind bill that bans TikTok and bars app stores from offering the app within the state, starting on January 1, 2024

Supporters of the first-of-its-kind-bill expect legal challenges if the governor signs the legislation

Wall Street Journal 2023-04-16

Context & Ripple Effects

The legislative vote followed coverage framing Montana’s proposal as a preview of the legal obstacles facing any broader U.S. effort to restrict TikTok. It moved the debate from a proposed state intervention to a measure aimed not only at users and TikTok, but also at app-distribution channels.

The subsequent arc underscores that implementation was inseparable from litigation: the measure was later signed, challenged by TikTok, and blocked by a federal preliminary injunction before its planned effective date.

First-order effects

TikTok and Montana users face the prospect of a state-specific access restriction if the measure becomes law, while app stores would be directly barred from offering the app in the state.
The vote immediately makes litigation central to the policy’s viability, as anticipated in earlier coverage of the bill’s legally perilous path.

Second-order effects

App-store operators would have to assess whether and how they can apply a state-level distribution rule, turning them into practical enforcement points rather than neutral storefronts.
TikTok gains a clearer basis to challenge the state’s authority and the law’s speech implications, a conflict it later pursued in its suit against Montana.

Third-order effects

The case tests whether individual states can regulate access to globally distributed apps through platform intermediaries; the injunction suggests that this route faces meaningful judicial limits.
If governments continue pursuing platform restrictions, enforcement design—who must comply and under what legal authority—will matter as much as the targeted app itself.

The trend: This is an early test of state-level attempts to govern digital platforms by placing compliance duties on app-distribution infrastructure.

Discussion

@b_fung Brian Fung on x
NEW: Montana becomes the first state to pass legislation banning TikTok completely, sending a bill to Gov. Greg Gianforte's desk that opponents say is unconstitutional: https://www.cnn.com/...
@aclu @aclu on x
This ban is censorship, pure and simple. Hundreds of thousands of people in Montana use TikTok to communicate, get the news, and express themselves. We won't stop fighting against these unconstitutional bans — in Montana and at the federal level. https://www.cnn.com/...
@meghanbobrowsky Meghan Bobrowsky on x
BREAKING: Montana lawmakers approved the first bill to ban TikTok across an entire state. The bill now goes to the governor's desk, where he can decide whether to sign it into law. It's worth noting he previously banned TikTok on government devices. https://www.wsj.com/...
@mattlanza Matt Lanza on x
Security implications and long term impacts of this aside, how does this get enforced? https://twitter.com/...
@stephenking Stephen King on x
Montana bans Tik-Tok. AR-15s? Still okay!
@chrismessina Chris Messina on x
Wait til they find out the internet is in every state https://www.wsj.com/...
@senrickscott Rick Scott on x
One state down, forty-nine to go. TikTok is a national security risk, and it must be treated as such. The Biden administration doesn't have the guts to do anything about it, so I'm leading legislation that will and encourage more states to step up. https://www.wsj.com/...
@film_girl Christina Warren on x
Of all the blatant anti-first amendment sort of stuff, it's sort of funny to see Montana, a state that pretends to be so libertarian, attempting to ban TikTok at a state level. This is impossible to enforce and will be overturned by the courts but JFC. https://www.wsj.com/...
@yashar @yashar on x
It's hard to see a state based ban holding up in court...what do you all think? https://twitter.com/...
@tcrawford Tim Crawford on x
This is one to watch. It is one thing when there is a national ban. When states take the lead, things will get very messy. Expand the thinking beyond #TikTok. #CIO #SocialMedia #Governance https://www.wsj.com/...
@theshortbear @theshortbear on x
MONTANA LAWMAKERS APPROVE STATEWIDE BAN ON TIKTOK: WSJ This could continue to be a trend into 2023. More states will likely follow. “.. it's possible we could see $META (+20-30%), $GOOGL (+10-20%), and $SNAP (+40-50%) stocks jump on a confirmed #TikTok ban.” - Bernstein https://t…
@anthonymkreis Anthony Michael Kreis on x
Even if the federal government could demonstrate a compelling interest in banning TikTok use for national security reasons, Montana cannot convincingly argue the state has a place to be the arbiter of social media rules in the name of foreign policy. https://twitter.com/... https…
@xanpearson Xan Pearson on x
No way this holds up in court. https://twitter.com/...
@drewharwell Drew Harwell on x
Government advances bill abridging freedom of speech https://www.wsj.com/...
@jchengwsj Jonathan Cheng on x
Montana is a sparsely populated state of 1 million. But its first-of-its-kind bill to ban TikTok across the state sets the stage for court battles that could determine the fate of the Chinese-owned social-media app in the U.S. @MeghanBobrowsky @stuwoo https://www.wsj.com/...
@davejorgenson Dave Jorgenson on x
gonna shoot a tiktok in Montana then upload it elsewhere just to feel something https://www.nbcnews.com/...
@mtagknudsen Austin Knudsen on x
Montana is on its way to being the first state in the nation to ban TikTok. Glad to report our bill is headed to the Governor's desk. This legislation is a critical step to ensuring we are protecting Montanans' privacy. https://www.wsj.com/...
@dmccabe David McCabe on x
New: Montana's legislature became the first in the nation to pass a TikTok ban. It now goes to Republican Gov. Greg Gianforte's desk. If it becomes law, the ban will almost certainly be challenged in court. https://www.nytimes.com/...
@maceahwindu @maceahwindu on x
Tech companies have already said that it is pretty much impossible to enforce a total ban on TikTok on a state by state basis this is funny as hell lol. For a total ban in Montana to work, they'd effectively need to ban the app nationwide. https://twitter.com/...
@bestcoast Bethany Cosentino on x
This country is so dumb lol https://twitter.com/...
@julianku Julian Ku on x
I doubt this is constitutional under the dormant commerce clause and maybe also under the First Am? But this is complicated and there is no clear caselaw on this, AFAIK. https://twitter.com/...

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