Montana's first-in-the-nation law banning the video-sharing app TikTok has been blocked by a federal judge, who deemed the measure unconstitutional. The ruling came as a temporary win for TikTok, as the judge stated that the ban overstepped state power and infringed on the Constitutional rights of users and businesses. The judge highlighted the state's fixation on alleged Chinese influence as the main motivation behind the ban, rather than genuine consumer protection concerns.

The ban, which was set to take effect on January 1st, would have prohibited downloads of TikTok in Montana. It also included a fine of $10,000 per day for any entity, such as an app store or TikTok, that allowed users to access or download the app. However, there would be no penalties for individual users.

Montana lawmakers passed the ban in May, citing concerns that the Chinese government could gain access to user information through TikTok's parent company, ByteDance, which is based in Beijing. The ban was introduced shortly after a Chinese spy balloon flew over the state. Western governments have expressed worries about the app's potential to compromise sensitive data or spread misinformation, given that Chinese law allows the government to order companies to assist in gathering intelligence.

TikTok spokesperson Jamal Brown expressed satisfaction with the judge's decision, stating that "the judge rejected this unconstitutional law and hundreds of thousands of Montanans can continue to express themselves, earn a living, and find community on TikTok." On the other hand, Montana Attorney General Austin Knudsen's spokeswoman, Emily Cantrell, downplayed the significance of the ruling, emphasizing that the analysis could change as the case continues.

TikTok and its content creators have argued that Montana's ban is an overreach, and that the state could have imposed limitations on the data TikTok collects from users instead of implementing a complete ban. Content creators also argued that the ban violated their freedom of speech rights and could harm their businesses.

The judge noted that Montana had not provided evidence of TikTok's alleged harmful data practices and suggested that public service announcements warning people about the app's data collection could be a more appropriate response. The American Civil Liberties Union, the ACLU of Montana, and the Electronic Frontier Foundation have submitted an amicus brief in support of the challenge. However, 18 attorneys generals from predominantly Republican-led states are backing Montana and urging the judge to allow the law to be implemented, despite concerns about enforcement.

While this preliminary injunction has halted the ban for now, a final ruling will be determined at a later date as the legal challenge progresses through the courts. The outcome of this case will have significant implications for the regulation of TikTok in the United States, particularly regarding concerns over data privacy and foreign influence.