SB419: A State-Level Measure to End TikTok’s App Store Replication & Harnessing Mobile Devices
The legislation is the farthest step yet by a state to restrict TikTok over security concerns and comes at a time when federal lawmakers have called for a ban on TikTok.
Lawmakers in Montana’s House voted 54-43 to give final approval to the bill, known as SB419. Should Gianforte sign the bill, it would take effect in January. The legislation might face legal challenges quickly.
Penalties of up to $10,000 per violation will be possible if the bill is passed. The app store found to have violated the law would be fined. Individual users of TikTok, meanwhile, would not be penalized for accessing TikTok.
The US government believes that the Chinese partners of TikTok should be separated from their investors, and that they can address national security concerns with a wall around user data.
NetChoice’s vice president and general counsel said that the government can try to ban any business without clear evidence of wrongdoing. The US Constitution forbids legislators from passing laws that criminalize someone or a business. This clearly unconstitutional law needs to be vetoed by Gov. Greg Gianforte.
The Montanan Social Media App for the Future: How the First Amendment Can Save TikTok and the Falls of a Clone
The perspectives of internet natives were not reflected in the bill as a coalition of youth activists pushes for platform regulation changes.
“We believe that social media can be good for young people if they are designed for us,” said Zamaan Qureshi and Emma Lembke, the group’s co-chairs. “Bans like this one forgo a real opportunity to proactively address kids’ safety and privacy concerns on these platforms.”
A group representing app developers said Friday the bill could encourage governments to legislate on an app-by-app basis, creating a patchwork of laws that would “weigh heavily on small app companies.”
“While it might begin with TikTok, it clearly won’t end there,” said Morgan Reed, president of The App Association, which receives more than half its funding from Apple.
Under the First Amendment, content-based restrictions will only be permissible in exceptional circumstances. The Montana government is interested in the health, welfare, and privacy of its citizens but the statute is so vague that it is almost impossible to enforce. A vague statute is, by definition, not narrowly tailored, and as such it will wither under First Amendment scrutiny.”
Lynn Greenky, a First Amendment scholar and associate professor at Syracuse University, said language on TikTok raises an instant “red flag” which can lead to stricter constitutional scrutiny.
The law in Montana could wind up in front of the Supreme Court, if a federal court challenge from TikTok is any indication.
Though the worries have become louder in recent months, there is no publicly available evidence suggesting that Chinese officials have ever attempted to pry into TikTok’s data.
As the Biden administration continues to negotiate with the company, there is a crack down on TikTok in Montana. The White House told the Beijing based corporate parent of TikTok to stop doing business or face a shut down.
Last month, TikTok Chief Executive Shou Zi Chew faced withering questions from lawmakers in Washington, as he attempted to mollify bipartisan fears about the social media app.
Lawmakers said thatChew’s testimony, at times evasive, was unconvincing and only served to further strengthen their positions against TikTok.
The New Frontier in First Amendment Jurisprudence: Where is the Knudsen Problem? Is the Case against a Supreme Court Intervention?
Montana Attorney General Austin Knudsen said to The New York Times that they are under no illusions that this wont be challenged. This is probably going to require the intervention of the US Supreme Court, as it is the next frontier in First Amendment jurisprudence. And I think that’s probably where this is headed.”