Indianna Koehn
Staff Writer
As of Jan. 1, 2024, TikTok will be banned in the state of Montana following a direct order from the state’s government officials. Due to the suspicions that TikTok leaks private information and collects personal data, the Montana government signed off on the ban. Banning TikTok is not beneficial to the state of Montana, as it is ultimately a violation of the First Amendment freedom of speech.
TikTok is a popular social media platform used by over 150 million Americans. It allows users to create and share videos set to music and other audio recordings. According to the National Public Radio (NPR), the app is believed to spy on Americans and violates their privacy and personal information based on the terms and conditions that the platform provides to users upon login.
TikTok has faced scrutiny over many similar issues such as disputes over data privacy, content moderation, and its potential to spread misinformation. However, this app is a widely used platform that allows people of all ages to express themselves and their opinions. This ban is not beneficial because it will limit Montanan’s freedom of expression, especially since Montana will be the only state instituting it.
According to NPR, there is no direct evidence that the Chinese government has ever accessed TikTok users’ data, despite the possibility of such a breach. Per the New York Times, suspicions continue to rise as American regulators publicize existing laws in China that allow the Chinese government to force businesses and citizens to leak private data. Without substantial proof or the ability to track the Chinese government, a gateway is created for TikTok to challenge this ban in federal court and for American prosecutors to encourage it. If Montana as a whole were to be disconnected from the social media platform, freedom of expression would be blatantly limited and exploited, posing a direct threat to Montanans’ civil rights.
According to CNN, after the ban is enforced, users can be fined up to $10,000 per day for simply using the platform. This creates tension for not only TikTok, but the influencers in the state as well; five Montana influencers have sued the state’s governor, Greg Gianforte, due to the ban’s violation of the First Amendment, which protects the freedoms of speech, press, assembly, and the right to petition a government that fails to protect these freedoms. In a statement to CNN, TikTok said its company would push to defend the rights of users in Montana, and, in turn, righteously support constitutional freedoms.
According to Reuters.com, Gianforte announced his plan to ban TikTok on a Twitter post, making Montana the first state to do so in order to protect sensitive and confidential data from the Chinese Communist Party. There has been an increasing number of demands from federal and state lawmakers to outlaw the app nationwide due to possible Chinese government influence over the platform. The government of Montana created this ban strictly to protect sensitive state data, and was decided in the state’s favor. However, there is not enough direct evidence to prove this allegation is true, meaning that no real or endangering threat exists to users on the platform and, therefore, banning it is simply a violation of American rights.
As a result of increasing suspicions that the Chinese government will access personal and sensitive information, TikTok was unlawfully set to be banned in Montana next year. However, this ban should continue to be disputed by influencers, attorneys, and TikTok itself in order to protect users’ expression of identity on this creative platform.
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