Courts have said that a TikTok ban is a First Amendment problem. And Congress didn't really try to navigate away from that. They just went ahead and disregarded the court rulings to date.
The fact that previous attempts to ban TikTok have failed is pretty good evidence that the government has an uphill battle justifying the ban, according to law professor Eric Goldman.
The Montana law 'bans TikTok outright and, in doing so, it limits constitutionally protected First Amendment speech,' according to US District Judge Donald Molloy.
The Montana court concluded that the First Amendment challenge would likely succeed, providing hope for TikTok in facing a national order, as mentioned by Georgetown Law Professor Anupam Chander.
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