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1 1 (May 17, 2024)

handle is hein.crs/govepcw0001 and id is 1 raw text is: Montana's TikTok Ban Goes Before the Ninth Circuit May 17, 2024 On November 30, 2023, a federal district court issued a preliminary injunction barring enforcement of a law banning TikTok's Montana operations. Without the district court's preliminary injunction, the Montana law would have become effective January 1, 2024. Montana appealed the district court's order to the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit). As referenced in a previous Legal Sidebar, a number of states have enacted some type of restriction of TikTok platform usage, but Montana's law (SB 419) represents the first attempted ban ofthis breadth among U.S. states per news reporting. Several months after the district court preliminarily enjoined SB 419, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (P.L. 118-50) (PAFACAA), the provisions of which are discussed in another Legal Sidebar, as are TikTok's legal actions challenging that law. This Sidebar (1) briefly describes the preliminary injunction of SB 419, (2) discusses selected legal issues before the Ninth Circuit, and (3) highlights some topics that these legal challenges might raise for Congress. District Court's Preliminary Injunction of SB 419 Montana's TikTok legislation prompted substantial public commentary. According to the law's preamble, SB 419 supports the health and safety of Montanans by preventing TikTok's operation in the state and also expresses concerns about TikTok's parent company being subject to control by the People's Republic of China (PRC), gathering of user information, and dangerous content. (The broader policy issues related to the legislation are beyond the scope of this Sidebar.) TikTok and several of its users filed suit in federal district court following passage of the law. The district court issued a preliminary injunction grounded on constitutional concerns with the law, which prevented SB 419 from taking effect until the court's final resolution of the case. TikTok's complaint asserted violations of several constitutional rights and provisions (the prohibition against bills of attainder, the Commerce Clause, the First Amendment, and the Supremacy Clause). Other challengers, comprising TikTok creators and users, made similar arguments. The court found the plaintiffs' arguments compelling, concluding they likely would succeed on the merits. The court determined that the plaintiffs established irreparable harm to their business interests and granted the preliminary injunction. Congressional Research Service https://crsreports.congress.gov LSB11166 CRS Legal Sidebar Prepared for Members and Committees of Congress

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