Can a single US state ban TikTok Understand the law

Can a single US state ban TikTok? Understand the law passed by Montana lawmakers G1

1 of 1 Man playing with his phone with the TikTok logo in the background in a file image — Photo: Portal/Dado Ruvic Man playing with his phone with the TikTok logo in the background in a file image — Photo: Portal /Dado Ruvic

Legislators in Montana, in the northwestern United States, last Friday (14) approved a total ban on TikTok in the state beginning in 2024. The measure adds even more pressure on the popular video platform, which has been accused by congressmen who approved the text of being a tool of the Chinese Communist Party.

The initiative, the first of its kind in a US state, passed by 54 votes in favour, 43 against and will serve as a legal test case for a federal ban on Chinese group ByteDance’s platform. The ban is a demand that lawmakers in Washington have been increasingly making.

If the Montana governor enacts the text, the bill will be the subject of an unprecedented and bitter battle by TikTok in US state and federal courts.

Understand what is known about the proposal and how the decision could affect the country as a whole by asking the following questions:

  • What does the proposed law in the state of Montana say?
  • How may the proposal affect the rest of the country?
  • What does that mean tick tock?
  • What do the experts say?

🏛️ What does the bill in the state of Montana say?

Under the proposed law, Apple and Google would have to remove TikTok from their app stores, and the companies would face daily fines of $10,000 if found to have broken the law.

The proposed ban would take effect in 2024, but will almost certainly face legal challenges given its unprecedented nature in the United States.

Presenting the bill Thursday, Montana State Assemblyman Brandon Ler said the Chinese Communist Party is “hiding behind TikTok to spy on Americans.”

🗽 How may the proposal affect the rest of the country?

Montana’s crackdown on TikTok comes as the app grapples with other federal legislation, including a bill that could give the White House massive new powers to oversee Chinese tech companies.

Despite its immense popularity, TikTok is also facing an ultimatum from the White House to divest itself of its Chinese owners or cease operations in the United States.

The Montana bill is the latest clash between TikTok and several western governments. The app is already banned on government devices in the United States, Canada and several European countries.

The app has been accused by numerous US politicians of being under the auspices of the Chinese government and being a spy tool for Beijing, which the company denies.

🗣️ What does it mean tick tock?

Ahead of the vote, a TikTok spokeswoman said the constitutionality of the bill would ultimately “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 heinous government overage,” the spokeswoman added.

👩‍🎓 What do the experts say?

Legal analysts and critics insist the bill goes too far and is largely symbolic. They also claim that promoting such a drastic initiative at the local level is almost impossible.

“How they would actually implement this law seems very unclear,” said Andrew Selepak, a professor of social networking at the University of Florida.

The bill “appears to be more of a declaration than anything practical,” he added.

Free speech advocates opposed the law.

“Passing this law would undermine the First Amendment and would trample on the constitutional right of Montana citizens to freedom of expression,” said a letter sent by the American Civil Liberties Union (ACLU) and other organizations to Montana lawmakers was judged.

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