Senate Bill No. 419 for An Act Banning TikTok in Montana; Prohibiting a Mobile Application Store From Offering the TikTok Application to Montana Users; Providing for Penalties; Providing for Enforcement Authority; Providing Definitions; Providing for Contingent Voidness; and Providing a Delayed Effective Date was read for the third time and passed, on 14 April 2023, by the Montana House of Representatives in a unanimous vote and thereafter returned to the State Senate and sent to enrolling on the same date. In particular, the bill was introduced, on 20 February 2023, to the Senate and passed by the same, on 2 March 2023, before it was transmitted to the House for consideration.

Notably, the bill prohibits Tiktok, Inc.'s operation within the territorial jurisdiction of Montana, and provides that entities that violate the prohibition would be liable in the amount of $10,000 for each discrete violation, as well as an additional $10,000 each day thereafter that the violation continues. In addition the bill provides definitions for, among others, 'entity', 'mobile application', and 'discrete violation', and designates the Department of Justice to enforce its provisions.

Notably, if enacted, the bill shall come into effect on 1 January 2024.

You can read the bill here and track its progress here.

Update: May 18, 2023

Bill on prohibiting use of TikTok signed by Governor 

The bill was signed, on May 17, 2023, by the Montana Governor after being previously signed by the presiding officers of each House of the Montana Legislature. 

You can read the bill here and view its history here.

Update: December 1, 2023

District Court issues preliminary injunction against law banning TikTok from coming into force

On November 30, 2023, the District Court of Montana, Missoula Division, granted a preliminary injunction, in its decision on the same date, in Lead Case No. CV 23–56–M–DWM, Samantha Alario, et.al. and Tik Tok Inc., v. Austin Knudsen, in his official capacity as Attorney General of the State of Montana, against the bill, from coming into effect on January 1, 2024.

What is the background of the decision?

This case involved a challenge to the bill and the plaintiffs sought a preliminary ruling enjoining the effective date of the bill.

What are the findings of the District Court?

In particular, the District Court stated that the plaintiffs' arguments had merits. More specifically, the District Court stated, among other things, that the bill bans TikTok outright and, in doing so, limits the Constitutionally protected First Amendment speech. Accordingly, the District Court added, the bill must pass at least the intermediate scrutiny review. Additionally, the District Court stated that the plaintiffs had a strong argument that the bill violates Article 1 §8(3) of the Constitution of the United States (the Commerce Clause), which grants power to Congress to regulate commerce with foreign nations, and among the several States.

What are the outcomes of the decision? 

In light of the above, the District Court preliminarily enjoined the bill from coming into force on January 1, 2024, pending the final disposition of the issues on the merits.

You can read the decision here.