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Why Montana’s TikTok ban may not work
  + stars: | 2023-05-19 | by ( Brian Fung | ) edition.cnn.com   time to read: +7 min
The TikTok ban immediately prompted one lawsuit from TikTok users who allege it violates their First Amendment rights, with more legal challenges expected. How can a state ban TikTok? Montana’s new law, SB419, makes it illegal for TikTok and app marketplaces to offer the TikTok service within state lines. How can Montana enforce a TikTok ban? But internet providers are not named as a type of entity subject to the TikTok ban.
Montana Governor Greg Gianforte on Wednesday signed legislation to ban TikTok in the state, effective Jan. 1. The TikTok users argue the state seeks to "exercise powers over national security that Montana does not have and to ban speech Montana may not suppress." The suit adds users believe the law violates their First Amendment rights. "Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes," the lawsuit said. TikTok has faced growing calls from U.S. lawmakers and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform.
Members of Congress in March complained that the Chinese government has a "golden share" in ByteDance, giving it power over TikTok. He asserted the TikTok platform could enable sweeping influence operations because TikTok could proactively influence users and could also "turn off the message." TikTok says it "does not permit any government to influence or change its recommendation model." -TikTok will hand American's data over to Chinese government officialsLawmakers have alleged that the Chinese government, under a 2017 National Intelligence law, can force ByteDance to share TikTok user data. "-TikTok spies on journalistsIn December, ByteDance said some employees improperly accessed TikTok user data of two journalists.
Anna Moneymaker/Getty ImagesPresident Joe Biden's administration has supported bills introduced in Congress that would give the president greater authority to ban apps like TikTok. Last month, Montana became the first state where lawmakers approved a bill banning the app. TikTok previously pledged to challenge it if it was enacted into law, and has called the bill "censorship" and a violation of the First Amendment. The current plan is to fine app store owners like Apple and Google, along with TikTok itself, $10,000 per day the app can be accessed by users in the state. TikTok users in the state will not be punished under the current plan.
Christian Poole, 20, has deemed himself “the unofficial ambassador for the state of Montana.”On TikTok, his favorite social media platform, he posts lighthearted videos about the peculiarities of his home state. His nearly 420,000 followers reward him with hearts and laughing-face emojis. Greg Gianforte of Montana signed a bill on Wednesday making his state the first in the nation to ban the site, Mr. Poole, along with hundreds of thousands of users, was left trying to make sense of the unlikely collision between TikTok’s mostly young users and international geopolitics. Recent videos posted by Mr. Poole, of Bozeman, cover topics like cows, which outnumber people in Montana, and spring showers, which often bring frozen pellets called graupel, not rain. He says he posts for fun, not money, and his objective on the app is simple: “I want to make people laugh.”Mr. Poole expected the ban to face numerous legal challenges, he said, so he was “not losing sleep” over it.
“Retail growth held on by the skin of its teeth this month,” said Neil Saunders, managing director of GlobalData. The retailer posted disappointing sales for its first quarter and lowered its outlook for the year as customers slowed their spending. Total sales ticked up 0.5% during its latest quarter from a year ago, the company said Wednesday. The bill, which will take effect in January, specifically names TikTok as its target, prohibiting the app from operating within state lines. Pence said he expects to come to a decision about a presidential run before the end of June.
Montana to become first US state to ban TikTok
  + stars: | 2023-05-17 | by ( David Shepardson | ) www.reuters.com   time to read: +3 min
REUTERS/Dado Ruvic/File PhotoWASHINGTON, May 17 (Reuters) - Montana Governor Greg Gianforte on Wednesday signed legislation to ban the Chinese-owned TikTok from operating in the state, making it the first U.S. state to ban the popular short video app. Montana will make it unlawful for Google and Apple's app stores to offer the TikTok app within its borders. TikTok, which has over 150 million American users, is facing growing calls from U.S. lawmakers and state officials to ban the app nationwide over concerns about potential Chinese government influence over the platform. TikTok, owned by Chinese tech company ByteDance, said in a statement the bill "infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok," adding that they "will defend the rights of our users inside and outside of Montana." Montana, which has a population of just over 1 million people, said TikTok could face fines for each violation and additional fines $10,000 per day if they violate the ban.
Montana governor bans TikTok
  + stars: | 2023-05-17 | by ( Samantha Delouya | ) edition.cnn.com   time to read: +3 min
Greg Gianforte signed a bill Wednesday banning TikTok in the state. The bill, which will take effect in January, specifically names TikTok as its target, prohibiting the app from operating within state lines. In a statement to CNN, TikTok said it would push to defend the rights of users in Montana. “Governor Gianforte has signed a bill that infringes on the First Amendment rights of the people of Montana by unlawfully banning TikTok, a platform that empowers hundreds of thousands of people across the state. NetChoice, a technology trade group that includes TikTok as a member, called the Montana bill unconstitutional.
He says a US ban of TikTok could crush his business, but he doesn't want to pivot to Instagram. The majority of his customers find him through TikTok, Spangler said, where he has over 237,000 followers across two accounts. "The immediate impact of a TikTok ban would be a loss of my primary income source." In April, Montana legislators voted in favor of a bill that would ban TikTok within state lines. But ideally, Spangler said, TikTok will avoid a ban and he won't have to rely too much on a pivot to YouTube.
Montana state Rep. Zooey Zephyr is suing the state, House speaker, and sergeant-at-arms. download the app Email address By clicking ‘Sign up’, you agree to receive marketing emails from Insider as well as other partner offers and accept our Terms of Service and Privacy PolicyDemocratic Montana state Rep. Zooey Zephyr is suing the state, the speaker of the Montana House, and the state sergeant-at-arms in an emergency attempt to reverse the stipulations of her recent censure. By enforcing this action, the Montana House has denied representation and voice to me and all of my fellow constituents in House District 100." The Montana House's vote to censure Zephyr arose after a group of protestors filled the gallery of the Montana House and interrupted business with chants after Montana House Speaker Matt Regier refused to recognize Zephyr on the floor. While Zephyr can't speak on the House floor due to her censure, she's had time to speak to constituents in Missoula, who showered her with support upon her recent return to the district.
The NewsA state representative in Montana asked a court on Monday to allow her to return to the House floor for the rest of the state’s legislative session, arguing that her First Amendment rights had been violated after an escalating standoff over her remarks on transgender issues. Representative Zooey Zephyr, a Democrat from Missoula, was barred last week from participating in deliberations in the House chamber after she made impassioned comments in opposition to a ban on hormone treatments and surgical care for transgender minors. The bill, which passed, has since been signed by Gov. “I’m determined to defend the right of the people to have their voices heard,” Ms. Zephyr, who is transgender, tweeted on Monday when announcing her lawsuit, adding that the rights of her 11,000 constituents had also been violated. Four of them were also named as plaintiffs in the lawsuit, which was filed by the American Civil Liberties Union of Montana and other lawyers.
April 28 (Reuters) - Montana's governor on Friday enacted a Republican-backed ban on gender-affirming medical care for transgender children, days after a transgender lawmaker protesting the bill was barred from the floor of the state legislature, sparking a national furor. The legislation, Senate Bill 99, passed the House of Representatives three days later, and Republican Governor Greg Gianforte signed it into law on Friday. Republican House leaders initially reacted to Zephyr's floor statements by turning off her microphone. White House spokesperson Karine Jean-Pierre on Thursday called the Montana Republican House action against Zephyr a "denial of democratic values". The Tennessee lawmakers were promptly reappointed to their seats by their county legislatures and earned a trip to the White House.
The Republican-led state is currently enforcing a near-total abortion ban, with exceptions for rape, incest or the life of the mother. NORTH CAROLINA: House Republicans have introduced a bill to ban abortion from conception, except to preserve the life or health of the mother. The Senate tabled discussion of a near-total abortion ban on Thursday after it had been approved by the House. PROTECTIONSCALIFORNIA: A Democratic state senator has introduced a bill to protect doctors who prescribe medication abortion pills to patients in other states. ILLINOIS: Democratic Governor J.B. Pritzker in January signed a law protecting abortion providers and out-of-state patients from legal attacks waged by other states.
These are the top Senate races to watch in 2024
  + stars: | 2023-04-28 | by ( Kevin Breuninger | ) www.cnbc.com   time to read: +8 min
They have reason to be hopeful: Democrats face a daunting 2024 Senate map that puts them on defense in 23 of the cycle's 34 races, including multiple seats considered ripe for GOP challenges. The grim outlook has some Senate Democrats considering retirement, even after the caucus expanded to a 51-49 majority following a better-than-expected showing in the midterms. Jim Justice, reportedly the state's richest man and one of its favored contenders for the Senate race. But the 2024 Senate race in Ohio is currently considered a toss-up, as Republicans have made significant gains in the state in the last two election cycles. Sabato's Crystal Ball and the Cook Political Report both say the Michigan Senate race leans Democratic.
HELENA, Mont. — The Republican governor of Montana, Greg Gianforte, signed a bill into law on Friday to restrict transition care for transgender minors, joining about a dozen states that have adopted similar laws since the beginning of the year. The bill, which prohibits transitional hormone treatments and surgeries for transgender people under 18, led to a standoff this month with Representative Zooey Zephyr, one of the Legislature’s only transgender lawmakers. In a speech on the House floor last week, Ms. Zephyr told her conservative colleagues that the ban would put “blood on your hands,” and that denying transition care would be “tantamount to torture.” For days after, House leadership refused to call on Ms. Zephyr during discussion of any bill up for consideration before the House.
As debates over transgender issues embroil Montana’s legislature, the governor has faced lobbying from someone close to him: his son, who identifies as nonbinary and has pleaded with his father to reject what he called “immoral, unjust” bills backed by Republicans. In an interview with The Montana Free Press published Wednesday, David Gianforte, who uses he and they pronouns, said he had sat down with his father, Gov. Greg Gianforte, a Republican, last month with a prepared statement in hand to read aloud. David Gianforte, 32, told The Montana Free Press, a nonprofit news outlet, that he had written down why he believed bills that were gaining traction in the State Senate and House would be harmful to the L.G.B.T.Q. On March 27, he began his meeting with Governor Gianforte and his top health adviser with a familial introduction, according to The Free Press: “Hey Dad.
Montana Gov. Greg Gianforte previously banned TikTok on all government-issued devices. Photo: Thom Bridge/Associated PressMontana’s governor is asking legislators to make changes to a bill that would be the first in the U.S. to ban TikTok outright, according to a draft of the amended bill language viewed by The Wall Street Journal. The changes would broaden the ban from applying specifically to TikTok, which is owned by China-based ByteDance Ltd., and cover social-media applications that provide certain data to foreign adversaries, according to the proposed bill language.
April 25 (Reuters) - Montana Governor Greg Gianforte is seeking to broaden a bill that will ban not just TikTok, but other social media applications that provide certain data to foreign adversaries, the Wall Street Journal reported on Tuesday. Earlier this month, Montana lawmakers passed a bill, known as SB 419, to ban TikTok, which is owned by Chinese tech company ByteDance, from operating in the state. TikTok as well as Apple Inc (AAPL.O) and Alphabet Inc's (GOOGL.O) Google, which operate mobile app stores, would face fines if they violate the ban, should the bill become law. The governor's proposed language in the broader bill removes app stores from being held liable for offering such social media apps for downloading in the state, WSJ said, citing an amended draft of the bill. TikTok is facing growing calls from some U.S. lawmakers to ban the app nationwide over concerns about potential Chinese government influence over the platform.
April 25 (Reuters) - Montana Governor Greg Gianforte is asking legislators to make changes to a bill that would be the first in the United States to ban TikTok outright, the Wall Street Journal reported on Tuesday. The changes would broaden the ban from applying specifically to TikTok, owned by China-based ByteDance Ltd, and cover social-media applications that provide certain data to foreign adversaries, the report said, citing a draft of the amended bill language. Reporting by Jahnavi Nidumolu in Bengaluru; Editing by Edmund KlamannOur Standards: The Thomson Reuters Trust Principles.
TikTok ban is the least palatable of options
  + stars: | 2023-04-26 | by ( Jennifer Saba | ) www.reuters.com   time to read: +8 min
Montana is following a movement around the United States to try to keep Americans from using TikTok. That has consequences: The United States has never pulled a platform used by so many people to communicate. China, which before TikTok had never cracked the U.S. market with a successful social media network, is unlikely to let ByteDance part with TikTok. More recently the company had been working with the Committee on Foreign Investment in the United States to ease concerns. TikTok users in the United States could still binge on short videos, but the company – and its rivals – would face tougher constraints.
— The Montana House of Representatives took the extraordinary step of blocking the state’s only transgender lawmaker from the House floor for the remainder of the legislative session on Wednesday after an escalating standoff over her ability to speak in the House led to heated protests and arrests on Monday and the abrupt cancellation of Tuesday’s session. The barred lawmaker, Representative Zooey Zephyr, will still be allowed to cast votes during House proceedings for the remainder of session, which concludes on May 5, but must do so remotely. The move is the culmination of a weeklong battle between House leadership and Ms. Zephyr, who was prohibited from participating in deliberations on the House floor after she made impassioned comments during debate over a bill that would prohibit hormone treatments and surgical care for transgender minors. It was one of a half-dozen similar bills targeting transgender youth that the Legislature had considered in the last week alone. And it comes amid an avalanche of similar legislation in Republican-controlled legislatures across the country.
Democratic Montana Rep. Zooey Zephyr is the state's first openly transgender legislator. Following her speech, Montana's Freedom Caucus demanded Zephyr be censured. Additionally, the caucus also misgendered Zephyr, the first openly transgender member of the Montana legislature, in the letter. House Minority Leader Kim Abbott, in a statement to the Helena Independent Record, admonished the Montana Freedom Caucus for disrespecting her colleague. "I stand by my accurate description of the devastating consequences of banning essential medical care for transgender youth," Zephyr wrote.
Montana Lawmakers Approve Statewide Ban on TikTok
  + stars: | 2023-04-14 | by ( Meghan Bobrowsky | Stu Woo | ) www.wsj.com   time to read: 1 min
Montana lawmakers on Friday approved a first-of-its-kind bill to ban TikTok across the state, setting the stage for future court battles that could determine the fate in the U.S. of the popular, Chinese-owned social media app. The Montana House voted 54-43 to send the bill to Gov. Greg Gianforte ’s desk. The governor’s office didn’t immediately respond to a request for comment on whether or when he might sign the bill.
Montana Republicans are aligned behind zoning reform and other pro-housing policies. And everybody in Montana is asking this question of, you know, how can we keep Montana feeling like Montana?" Preventing a 'California-style housing crisis'Montana's ultra-conservative GOP governor, Greg Gianforte, recently called the housing crisis "probably the number one issue faced by working Montanans." Conservative supporters of pro-housing policies in the state have successfully tied anti-California sentiment to anti-sprawl and pro-housing policies. "The fear is that in 25 years, we're going to have a California-style housing crisis," Cotton said.
Montana Legislature Approves Outright Ban of TikTok
  + stars: | 2023-04-14 | by ( David Mccabe | ) www.nytimes.com   time to read: 1 min
The Montana House of Representatives on Friday approved a total ban on TikTok inside the state, setting up the state’s Republican governor to sign the first-of-its-kind prohibition into law. The legislation, which would also bar app stores from carrying TikTok, the wildly popular viral video app, was approved 54 to 43 in the last of two votes in the State House. Greg Gianforte must decide whether to sign the bill into law, veto it or do nothing for 10 days after receiving the bill and let it become law without his signature. A spokeswoman for Mr. Gianforte did not immediately respond to a request for comment. A TikTok spokeswoman, Brooke Oberwetter, said in a statement that supporters of the bill had admitted they didn’t have a feasible plan for carrying out the ban.
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