A federal judge in Montana, Donald W. Molloy, has temporarily blocked a statewide ban on TikTok, preventing the nation's first prohibition on the popular video app from taking effect next year. Judge Molloy stated that while Montana has the right to protect its residents, it must do so within the boundaries of the constitution. He granted a preliminary injunction, stating that the ban most likely violated the First Amendment and the clause that gives Congress the power to regulate commerce with foreign nations.

In his opinion, Judge Molloy criticized Montana's Legislature and attorney general for targeting China's role in TikTok rather than prioritizing consumer protection. He argued that Montana's actions interfered with the United States' foreign policy interests.

Alex Haurek, a spokesperson for TikTok, expressed satisfaction with the judge's decision, stating that the company was pleased the ban was rejected and that hundreds of thousands of Montanans can continue to use TikTok as a platform for self-expression, earning a living, and finding community.

This ruling comes after TikTok filed a lawsuit against Montana in May, seeking to block the ban on various grounds, including the violation of users' First Amendment rights. TikTok users in Montana also filed a separate lawsuit to prevent the ban. The state attorney general's office, which defended the ban based on concerns about personal data and potential Chinese spying, has yet to comment on the judge's decision.

TikTok has consistently maintained that it does not share US user data with the Chinese government and has enacted robust measures to protect user privacy and security.

Judge Molloy, who was appointed by former President Bill Clinton, found merit in TikTok's arguments during an October hearing. He questioned why no other state had followed Montana's lead in banning TikTok and raised concerns about the ban being “paternalistic” and unnecessary to protect user data.

The state of Montana could have imposed fines of $10,000 for each violation by TikTok, but the law did not penalize individual users. While there have been efforts in Congress to ban TikTok or grant the Biden administration new powers to restrict or prohibit it, these initiatives have faced obstacles in recent months.

Former President Donald Trump attempted to ban new downloads of TikTok in 2020, but court decisions ultimately prevented the ban from taking effect. The future of TikTok in the United States remains uncertain, as various legal battles and regulatory discussions continue.