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How Are the TikTok Bans Holding Up in Court?
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In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok? We’ve discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast , when Lawfare Senior Editor Alan…