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Press ReleaseNov 2023
Free Speech
National Security
ACLU and EFF Applaud Ruling Halting Montana TikTok BanACLU and EFF Applaud Ruling Halting Montana TikTok Ban
MISSOULA, Mont. — The American Civil Liberties Union, ACLU of Montana, and the Electronic Frontier Foundation (EFF) applaud a ruling by the federal district court in Montana that blocks SB 419, Montana’s TikTok ban, from going into effect on January 1, 2024. The ruling in favor of four TikTok creators and the company marks a significant victory for the people of Montana and their First Amendment protections, preserving their access to TikTok as a vital platform for communication, information, and self-expression. “Montana’s law violates the First Amendment, plain and simple, and the court was right to halt it,” said Patrick Toomey, deputy director of ACLU’s National Security Project. “The Constitution imposes an extraordinarily high bar on this kind of mass censorship.” The ACLU, ACLU of Montana, and EFF filed an amicus brief urging the court to see this law for what it is: a sweeping ban on free expression that triggers the most exacting scrutiny under the First Amendment. Today’s decision ensures that TikTok will continue to play an important and significant role for communities of color, including Indigenous communities in Montana, who use the platform to foster solidarity online and to highlight issues vital to them. And it reaffirms the unique ways in which Montanans rely on TikTok to communicate and interact with people around the country and the world every day. “With this ban, Governor Gianforte and the Montana legislature tried to trample on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information, and run their small business in the name of anti-Chinese sentiment,” said Alex Rate, legal director at the ACLU of Montana. “We will never trade our First Amendment rights for cheap political points.” The district court’s First Amendment ruling has important implications for other draconian efforts to ban TikTok around the country, including proposals in Congress. Proposed federal bills like the RESTRICT Act will run headlong into the same constitutional obstacles. “Many Montanans use TikTok to communicate with local and global audiences. We are pleased that a federal judge has blocked the state from violating their rights by banning this speech platform,” said David Greene, EFF’s Civil Liberties Director. Today’s decision is available here: /documents/montana-tiktok-ban-preliminary-injunction-opinion-11-30-2023 A coalition letter opposing Montana’s TikTok ban is available here: /documents/coalition-letter-opposing-montana-house-bill-that-would-ban-tiktok -
Press ReleaseAug 2023
National Security
Free Speech
ACLU and EFF File Friend-of-the-Court Brief Opposing Unconstitutional Montana TikTok BanACLU and EFF File Friend-of-the-Court Brief Opposing Unconstitutional Montana TikTok Ban
MISSOULA, Mont. — Today, the American Civil Liberties Union, ACLU of Montana, and the Electronic Frontier Foundation (EFF) filed an amicus brief in the consolidated lawsuits brought by TikTok and five TikTok creators challenging the constitutionality of SB 419, Montana's TikTok ban. The ban, which was enacted this spring but doesn’t go into effect until Jan. 1, 2024, blocks all people from accessing and using TikTok in Montana. The plaintiffs are seeking a preliminary injunction to block the law from going into effect. “Once again, Montana’s legislature seeks to unnecessarily insert itself into the daily life of ordinary Montanans,” said Alex Rate, legal director with the ACLU of Montana. “We will not stand idly by while the government adopts unconstitutional new restrictions on the ways that we communicate with one another.” Montana’s ban on TikTok — an application that hundreds of thousands of people in the state use to communicate, receive information, and express themselves — is both unprecedented and unconstitutional. As the brief lays out, this law is a direct restriction on First Amendment-protected expression and association. It also deliberately singles out a communications platform, imposing a blanket prohibition that will make it impossible for users to speak and associate through TikTok. “Many Montanans use TikTok to communicate with local and global audiences,” said David Greene, EFF’s Civil Liberties Director. “The state must not violate their rights by banning this speech platform.” The brief urges the court to see this law for what it is: a sweeping ban on free expression that triggers the most exacting scrutiny under the First Amendment. It also lays out the especially important and outsized role TikTok plays for communities of color seeking to foster solidarity online and to highlight issues specific to them. For example, one Indigenous artist based in Montana, @Supaman, reaches over 79,000 followers on TikTok with videos showcasing not only his music and dance but also Indigenous hope, history, and resilience. “The Constitution imposes an extraordinarily high bar on this kind of mass censorship,” said Patrick Toomey, deputy director of ACLU’s National Security Project. “Montana’s law violates the First Amendment, plain and simple, and it should be halted.”