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Congressional ______
SAResearch Service
Montana's TikTok Ban and Pending Legal
Actions
June 1, 2023
On May 17, 2023, Montana's governor signed into law a ban on TikTok's operations in the state.
According to media reporting, while a number of states have some type of proscription of TikTok
platform usage, Montana's law (SB 419) represents the first ban of this breadth among U.S. states. This
Sidebar (1) briefly describes SB 419, (2) discusses the legal challenges brought against the law to date,
and (3) highlights some topics that these legal challenges might raise for Congress.
SB 419 Restricts TikTok's Operations in Montana
Public information about the reasons for Montana's TikTok legislation abounds. SB 419's preamble states
that the law promotes the health and safety of Montanans and lists concerns including the People's
Republic of China's (PRC's) status as an adversary as well as TikTok's status as a subsidiary of . .. a
Chinese corporation over which the [PRC] exercises control and oversight, improper procurement and
sharing of user data, and promotion of dangerous content. (Analysis of these claims, as well as the
broader policy issues prompted by the legislation, is beyond the scope of this Sidebar.)
SB 419 bans TikTok in Montana by (1) prohibiting mobile application (app) stores from making the
TikTok app available to users in Montana; (2) prohibiting TikTok's operation in all places subject to
Montana's criminal jurisdiction; and (3) including penalties and enforcement provisions. SB 419 does not
become effective until January 1, 2024, and contains a novel clause that could void the law before it takes
effect: a change in TikTok's corporate ownership such that it would not be a company of a country
designated as a foreign adversary in 15 C.F.R. @ 7.4 at the time of sale or acquisition would void SB
419. This provision of the Code of Federal Regulations implements Executive Order 13,873, Securing the
Information and Communications Technology and Services Supply Chain, discussed in this CRS In Focus.
To date, no other states have enacted a ban this broad against TikTok or any other social media platform.
Instead, 33 states prohibit TikTok from being used on at least some state-issued devices. A number of
public postsecondary institutions have followed suit, enacting policies that prevent university Wi-Fi or
university-issued devices from being used to access the app. (Utah and Arkansas recently passed
Congressional Research Service
https://crsreports.congress.gov
LSB10972
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveluy0001&div=1&collection=&method=preview&ext=.png&size=3)
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