https://www.techdirt.com/2023/10/16/judge-is-rightly-skeptical-that-montana-can-just-ban-tiktok/

"It seemed pretty blatantly obvious that a state can’t just ban a popular app used for speech, but Montana insisted otherwise earlier this year, and gleefully passed a law banning TikTok. The law was immediately challenged, and there’s been a lot of back and forth on the docket, including a ridiculous amicus brief from Virginia and 17 other states (all with Republican AGs), claiming that obviously states can ban any speech they want."

"Incredibly, during the oral arguments, the judge asked the state’s solicitor general if they had turned up any proof during discovery that TikTok was putting people’s data at risk, and the state had to admit “we did not.”"

"Also, perhaps not surprising, Montana’s Attorney General Austin Knudsen (who was said to have actually written the underlying bill) found his own words being used in court to demonstrate just how unconstitutional the bill was."

"[Judge Molloy] took issue with Montana lawyers’ argument that the ban was needed to protect residents’ data privacy, saying it was “totally inconsistent” with statements from Knudsen and state legislators that the sole purpose of the ban was to “teach China a lesson.”"