Montana becomes first state to pass bill completely banning TikTok

[BumRushDaShow]

Last edited Fri Apr 14, 2023, 07:27 PM - Edit history (1)

Source: CBS News

Montana became the first state in the nation Friday to pass a bill banning TikTok from operating in the state, a move that's bound to face legal challenges but also serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned. The Montana House voted 54-43 to send the bill to Republican Gov. Greg Gianforte for his signature.

"The governor will carefully consider any bill the legislature sends to his desk," the governor's office told CBS News in a statement. "We will keep you apprised of the bill's status once the governor acts on it." Gianforte has already banned TikTok on government devices in Montana. The Senate passed the bill 30-20 in March.

The proposal backed by Montana's GOP-controlled legislature is more sweeping than bans in place in nearly half the states and the federal government, which prohibit TikTok on government devices.

In response to the bill's passage, a TikTok spokesperson said in a statement to CBS News on Friday afternoon, "The bill's champions have admitted that they have no feasible plan for operationalizing this attempt to censor American voices and that the bill's constitutionality will be decided by the courts. We will continue to fight for TikTok users and creators in Montana whose livelihoods and First Amendment rights are threatened by this egregious government overreach."

Read more: https://www.cbsnews.com/news/montana-tiktok-ban/

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Article updated.

Original article -

Montana became the first state in the nation Friday to pass a bill banning TikTok from operating in the state, a move that's bound to face legal challenges but also serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned.

The Montana House voted 54-43 to send the bill to Republican Gov. Greg Gianforte for his signature. CBS News has reached out to the governor's office for comment. Gianforte has already banned TikTok on government devices in Montana. The Senate passed the bill 30-20 in March.

Montana's proposal, which has backing from the state's GOP-controlled legislature, is more sweeping than bans in place in nearly half the states and the federal government, which prohibit TikTok on government devices.

TikTok, which is owned by the Chinese tech company ByteDance, has been under intense scrutiny over concerns it could hand over user data to the Chinese government or push pro-Beijing propaganda and misinformation on the platform. Leaders at the FBI, CIA and numerous lawmakers of both parties have raised those concerns but haven't presented any evidence to prove it has happened.

[underpants]

1. No more TikTok's from Montana?

Should be an interesting court case.

[LonePirate]

2. Hello First Amendment Violation!

[Orrex]

4. Oh?

Does the 1st amendment require all businesses be allowed to operate everywhere? If so, then I’m going to start a business that shouts “fire!” In crowded public spaces.

Or does the government have any ability to restrict data-gathering software that’s owned and operated by openly hostile foreign powers with a long and well-established history of corporate & state-level espionage, including aggressive violation of intellectual property rights?

[LonePirate]

6. Your concerns do not overrule Americans' right to communicate with each other.

[Orrex]

13. LOL. Seriously?

If only there were hundreds of thousands of other ways for people to communicate with each other, some of which aren't owned and operated by openly hostile foreign powers with a long and well-established history of corporate & state-level espionage, including aggressive violation of intellectual property rights?

[LonePirate]

14. Yes. A first year law grad could win this blatant 1A violation. Your China pathos is irrelevant.

[Orrex]

15. LOL. We'll see.

[SouthernDem4ever]

19. I agree. It can and should be done.

It will be a slow domino effect. Once govt's ban the app from their devices which is not a free speech issue, other companies will follow - also not a free speech issue.. People will turn to other sources since their audience there would be limited. I don't trust tiktok any further than anything other authoritarian govts like china and russia would plant on my devices.

[FBaggins]

51. Only if the court hearing the case were made up of junior-high students

A 7th grade understanding of 1A says "you can't restrict what I say or how I say it" but that isn't a standard that the courts apply.

There's clearly a significant governmental interest and it can't reasonably be argued that the law does not leave "reasonable alternative avenues" for the same kinds of expression. All that leaves is whether or not the law is "narrowly tailored" enough to pass scrutiny - and it appears to be. The best argument that I've seen is that the law's "whereas" clauses include criticism of "dangerous content" and that government should not have any say in that realm... but it doesn't just say "dangerous content" - it goes on to list examples of that danger - none of which really impinge on protected speech.

Moreover - that's hardly the only justification given. The clauses re: China's ownership of the company are sufficient governmental interest in and of themselves and you can't get much more narrowly tailored than a law that bans the app and explicitly expires if the company is no longer owned by China.

There's an argument that national-security decisions belong at the federal level - and, of course, one re: whether or not it is good policy - but not really a 1A argument against the law.

[LeftInTX]

53. Telecommunications is a federal govt responsibility

States don't have the jurisdiction.

The fed govt can ban TikTok, if there is a valid reason. TikTok will likely sue. Courts will decide. Fortunately, I think the courts will be fair because they know that telecommunication and free speech is a two way street (unlike abortion and voting rights, which are very blue/red)

[paleotn]

12. More like interstate commerce to me.

Though Congress may side with Montana on this. If they do not, Montana's legislature doesn't have a say in whether TikTok is available in their state or not.

[NH Ethylene]

17. I'd be surprised if we did not have the right to shut down a particular social platform.

At least with regards to the First Amendment. It's hardly putting a muzzle on people, considering all the other ways they can voice themselves.

[SouthernDem4ever]

20. An app is an app

It's not speech.

[Farmer-Rick]

3. But the American corporations that handle our on line data

Are selling it and losing it all the time. So the Chinese government has our personal information but so does the CIA, FBI, Nigerian scam artists, Russians and every ad agency in the US.

What's one more?

[Kennah]

5. Curious how they are going to enforce it and investigate violations

[madville]

30. Get service providers to block it

Like Verizon, T-Mobile, Comcast Xfinity, etc, etc. That’s one way. Also get Apple and Android to block the app on their devices and/or remove it from the App stores.

[Kennah]

50. How about VPNs?

[madville]

52. No idea but

TikTok is designed to be used as an app on a smartphone, kick it off Android and Apple devices and it will whither.

[LeftInTX]

57. It's a state. Montana can't control what people download.

[madville]

58. Was thinking more at the federal level

There is Bipartisan support to block tiktok in the entire US.

[LeftInTX]

60. Yes. They can block at the federal level

Heck, I can't watch some videos because they're blocked in the US. (Copyright laws)

[Hermit-The-Prog]

7. It's a test case for fascist Republicans.

[Polybius]

22. Sen. Michael Bennet (D-Col) wants to ban it too

[NullTuples]

45. They've destroyed Twitter; TikTok is the next protest organizing platform to go after.

[dembotoz]

8. kinda make me wanna get in my car and break some laws....

if i wasn't lie half a continent away

[Skittles]

9. for the life of me I cannot understand

why the fuck would Tik Tok be on any government device

[Richard D]

10. Good luck with that!

VPN's and such.

[OMGWTF]

11. Whaddabunchabullshit!

[cstanleytech]

16. I do not see such a law passed by a state surviving the courts as it interfers with

the ability for people to communicate which is a 1st amendment no no and even a federal one might get tossed as well for the same reason.

[Orrex]

23. My chosen medium of communication is a 300dB bullhorn at 2:00 am

When the authoritarian cops show up to enforce their fascist noise ordinances, I’ll play the first amendment as my get out of jail free card.

[cstanleytech]

25. There is a difference as one is a peaceful and thus protected where as the other

is not.
Your welcome to test it out though but do get back to us and let us know how it turns out for you.

[Orrex]

27. Sounds like you're asserting that communication can indeed be sbridged

When there is a compelling justification to do so.

Glad that we’re in agreement.

[twodogsbarking]

18. We have spies at home, like ice cream.

[Kablooie]

21. Montana farmers are afraid of China spying on them through TikTok?

What does China care care about Montana farmers? If they were spying I expect there are others in the country that would be of much more interest.
Once again it’s not based on logic, just racism.

[Orrex]

24. And on China's proven track record of theft of data and intellectual property

It’s convenient to dismiss this as racism; it scores emotional points so easily that China itself is playing that same card, because obviously there can be only one motivation.

But it’s also possible to look at it rationally and see that an app might be subject to greater scrutiny and control when owned by an openly hostile power with a long and well-established record of ignoring intellectual property rights, and which engages in aggressive corporate and national espionage, both conventional and cyber.

But I guess it’s quicker to wave one’s hands and cry racism.

[cstanleytech]

26. The real unknown is how will the courts react?

This isnt something like child porn which the court ruled has no constitutional protections rather its a simple app people are using to peacefully communicate and that is clearly protected by the 1st amendment.

[Orrex]

28. That's twice you've called it "peaceful," but that's hardly clear

Individual users might use it peacefully, but if the app itself has a nefarious purpose—in service of an openly hostile foreign power with a long and well-established history of intellectual property theft and corporate/national espionage—then the benignity of the individual users might not matter.

[cstanleytech]

29. By that logic phones should be banned as people can plan crimes using them.

[Orrex]

34. Of course not, and you know better than that

You’re deliberately(?) conflating the users and the providers. If cell phones illegally spy on the users, then they can certainly be restricted. Regardless, if a person has covertly installed some kind of stalkerware on another person’s phone, then the installer will certainly face legal consequences.

Since you know as well as I do that cellphones can be and are routinely restricted, I can see that you’re strongly supportive of such restrictions when there is a compelling need to do so.

[cstanleytech]

38. All I am really trying to say though is that I doubt SCOTUS will

allow such a ban regarding an app and rule that it is a no no but we will have to wait and see.

[Orrex]

40. That's probably how it will end, but...

I'm far from convinced that the matter will be decided based solely on the first amendment.

[cstanleytech]

46. Yup we will just have to wait though I lean more towards them

throwing out due to the 1st Amendment issues it infringes on.

[Kablooie]

32. I'm not claiming there is no threat.

I agree it needs to be investigated.

But for Montana to try to eliminate it for no other reason than it's owner has ties to China is racism.

[Orrex]

35. That's simply not true

They’re not banning TikTok because the owners are Chinese people; they’re banning it because the owner is the nation of China, an openly hostile foreign power with a long and well-documented history of violating intellectual property rights as well as corporate/national espionage.

Calling it racism is like claiming it’s antisemitic to object to the policies of the Israeli government.

[Lancero]

41. Lets not forget that most, if not all, of the phones this software is installed on are Chinese made.

Ironically, banning the import and sale of all Chinese manufactured smartphones would be a more effective measure - If we're going to be paranoid enough to consider software to be inherently tainted because of it's Chinese origins, then the same standards should apply towards hardware - and one less likely to run afoul of the 1st Amendment.

[truthisfreedom]

31. Where am I going to get my orange tic tacs?

Oh that’s right. I don’t live in Montana, America’s nanny state.

[womanofthehills]

33. 150 million Americans are on TIc-Toc

https://www.cnn.com/2023/03/21/tech/tiktok-150-million-us-users/index.html

“TikTok says it has 150 million US users amid renewed calls for a ban”

CNN
—
TikTok now has 150 million monthly active users in the United States, CEO Shou Chew confirmed on Tuesday, in a clear attempt to highlight the platform’s vast and growing reach in the country amid renewed calls for a ban.

“That’s almost half the US coming to TikTok to connect, to create, to share, to learn, or just to have some fun,” Chew said in a TikTok video on Tuesday. The figure also includes about five million businesses that use TikTok to reach customers, Chew said.“

Wow, almost half of the US watches TicToc. Any politician who messes with this will not be well liked.

[Orrex]

36. I'd be curious to see the users' demographics and voting history

I suspect that a very large number are under 18, and it’s unclear that this move would have much of an impact on their possible voting choices years from now.

[womanofthehills]

56. Wow! 16% are 60-64

From 2022
Characteristic Share of users
Total 41%
18-19 67%
20-29 56%
30-39 45%
40-49 38%
50-59 25%
60-64 16%

[BumRushDaShow]

37. One of my younger nieces who is 17

(and her friends) were originally on "musical.ly" creating and sharing little videos (many could be considered like karaoke types of things). But what happened was that TikTok bought that app/service and literally brought who knows how many over into their platform to continue doing the same thing.

She seems to use it like you see DU posting memes (including animated gifs) where some of those TikTok shorts express some kind of analogous "reaction-via-a-video-short", for some situation that they might want to comment about. When she texts me those clips, since I have no TikTok account, most don't open and demand I login. A few will open, but I'm not sure of how the app works and whether that is because those shorts are "public" or what.

I think the worst of it is probably shared among that high school age - notably those "TikTok Challenges" crap. I know she has said that some of the idiot boys in her school did one of those challenges where they trash a bathroom in the school. This is a suburban school to boot.

I expect the users of it outside of professional entertainers who are expected to have some presence on "social media" and those who choose to use the internet and social media to make money (whether on that or YouTube, or Instagram), are mostly that younger generation (probably heavy on the GenZ and young millennials). It's just like how when Facebook came out, it was targeted to students in college but picked up many boomers who used it to make contact with old friends and keep in touch with far-flung family (as an alternative to email), that caused the younger ones to flee to MySpace. And when that eventually fell apart (although I saw it was sort of rebooted), it was replaced by a variety of things including SnapChat, another app popular among the young crowd.

[NullTuples]

39. Welp, the battle for net neutrality is officially over in the USA.

This law will force backbone carriers like AT&T to set up the systems needed to filter out foreign sites from the United States.

Once those mechanisms are in place, unless abolished, their use will expand. And if the GOP gains power? Forget freedom of association.

[Lancero]

42. I think it'd be directed more towards the app providers, and OS designers.

A ban on Google and Apple from distributing the software is certainly the easiest step. And the modus will also be on them to block the software out on the OS level, just to make sure that no one has any illegal software installed on their phones.

[NullTuples]

44. Okay, that's equally scary & authoritarian. But then again...why not both?

[TeamProg]

43. Fox Noise is a news outlet owned by a foreigner. BAN FOX NEWS

!!!!!!

[NullTuples]

48. Murdoch gave up his Australian citizenship in 1985

Still, I'd love it if California banned Fox News.

[TeamProg]

49. Calif. defends the right of free speech, so that's very unlikely. nt

[reqd]

47. young people in tiktok get mostly progressive news

That's why these right wing states are trying to ban checked out

[clementine613]

54. So, now the Rethugs have an excuse to lock up kids....

... just for watching TikTok videos in Montana? Typical Rethug behavior.

[Bengus81]

55. Good!! Now we can spend more time on Google who would NEVER use your data

Nah...never once.

Same with FARCE CROOK and the rest of them.

[womanofthehills]

59. Tic Toc has also become a platform for handicapped kids

Hundreds of kids with severe deformities now on TicToc.. I had to join to view my grandson’s videos. He signed me up when he was messing with my phone.

So many kids born without arms and legs, beautiful young girls in wheelchairs from car accidents, teens dying from cancer, moms showing off severely disabled babies etc and the list goes on. These kids are on live TicToc where they can tell their stories and answer questions in real time. Then there are a gazillion good dancers and tons of seniors in teenage clothing doing sexy dancing - reliving their youth. Marianne Williamson is also becoming a TicToc star- I’m sure Montana hates that!

Any politician trying to ban TicToc will have lots of enemies. So many young kids making a good living on Tic Toc - like thousands a month. People sending TicToc influencers presents. A mom having triplets showing off all the baby cribs, baby clothes other TicToc users have sent her. Any politician trying to take this away from the young, will be hated by them.