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MISSOULA, Mont. 鈥� The 老熟女午夜福利, ACLU of Montana, and the Electronic Frontier Foundation (EFF) applaud a ruling by the federal district court in Montana that blocks SB 419, Montana鈥檚 TikTok ban, from going into effect on January 1, 2024. The ruling in favor of four TikTok creators and the company marks a significant victory for the people of Montana and their First Amendment protections, preserving their access to TikTok as a vital platform for communication, information, and self-expression. 鈥淢ontana鈥檚 law violates the First Amendment, plain and simple, and the court was right to halt it,鈥� said Patrick Toomey, deputy director of ACLU鈥檚 National Security Project. 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship.鈥� The ACLU, ACLU of Montana, and EFF filed an amicus brief urging the court to see this law for what it is: a sweeping ban on free expression that triggers the most exacting scrutiny under the First Amendment. Today鈥檚 decision ensures that TikTok will continue to play an important and significant role for communities of color, including Indigenous communities in Montana, who use the platform to foster solidarity online and to highlight issues vital to them. And it reaffirms the unique ways in which Montanans rely on TikTok to communicate and interact with people around the country and the world every day. 鈥淲ith this ban, Governor Gianforte and the Montana legislature tried to trample on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment,鈥� said Alex Rate, legal director at the ACLU of Montana. 鈥淲e will never trade our First Amendment rights for cheap political points.鈥� The district court鈥檚 First Amendment ruling has important implications for other draconian efforts to ban TikTok around the country, including proposals in Congress. Proposed federal bills like the RESTRICT Act will run headlong into the same constitutional obstacles. 鈥淢any Montanans use TikTok to communicate with local and global audiences. We are pleased that a federal judge has blocked the state from violating their rights by banning this speech platform,鈥� said David Greene, EFF鈥檚 Civil Liberties Director. Today鈥檚 decision is available here: /documents/montana-tiktok-ban-preliminary-injunction-opinion-11-30-2023 A coalition letter opposing Montana鈥檚 TikTok ban is available here: /documents/coalition-letter-opposing-montana-house-bill-that-would-ban-tiktok

MISSOULA, Mont. 鈥� Today, the 老熟女午夜福利, ACLU of Montana, and the Electronic Frontier Foundation (EFF) filed an amicus brief in the consolidated lawsuits brought by TikTok and five TikTok creators challenging the constitutionality of SB 419, Montana's TikTok ban. The ban, which was enacted this spring but doesn鈥檛 go into effect until Jan. 1, 2024, blocks all people from accessing and using TikTok in Montana. The plaintiffs are seeking a preliminary injunction to block the law from going into effect. 鈥淥nce again, Montana鈥檚 legislature seeks to unnecessarily insert itself into the daily life of ordinary Montanans,鈥� said Alex Rate, legal director with the ACLU of Montana. 鈥淲e will not stand idly by while the government adopts unconstitutional new restrictions on the ways that we communicate with one another.鈥� Montana鈥檚 ban on TikTok 鈥� an application that hundreds of thousands of people in the state use to communicate, receive information, and express themselves 鈥� is both unprecedented and unconstitutional. As the brief lays out, this law is a direct restriction on First Amendment-protected expression and association. It also deliberately singles out a communications platform, imposing a blanket prohibition that will make it impossible for users to speak and associate through TikTok. 鈥淢any Montanans use TikTok to communicate with local and global audiences,鈥� said David Greene, EFF鈥檚 Civil Liberties Director. 鈥淭he state must not violate their rights by banning this speech platform.鈥� The brief urges the court to see this law for what it is: a sweeping ban on free expression that triggers the most exacting scrutiny under the First Amendment. It also lays out the especially important and outsized role TikTok plays for communities of color seeking to foster solidarity online and to highlight issues specific to them. For example, one Indigenous artist based in Montana, @Supaman, reaches over 79,000 followers on TikTok with videos showcasing not only his music and dance but also Indigenous hope, history, and resilience. 鈥淭he Constitution imposes an extraordinarily high bar on this kind of mass censorship,鈥� said Patrick Toomey, deputy director of ACLU鈥檚 National Security Project. 鈥淢ontana鈥檚 law violates the First Amendment, plain and simple, and it should be halted.鈥�