TikTok's recent court victories show just how hard it might be to ban the app

TikTok achieved two court victories this week that present challenges for those seeking to restrict the popular video app. A state judge in Indiana dismissed a lawsuit against TikTok, while a federal judge blocked a Montana law that would have banned the app statewide. Both rulings highlighted the failure of efforts to regulate TikTok based on constitutional checks like the First Amendment and jurisdiction. The cases reflect concerns about TikTok’s ties to China, but no concrete evidence of unauthorized data access has been presented. Attempts to ban TikTok have been challenged and have mostly failed. The rulings also raised the issue of states exceeding their authority in attempting to make a national issue local. The Montana ruling highlighted the state’s lack of constitutional authority in foreign affairs, while the Indiana ruling showed a lack of jurisdiction over TikTok. These judgments limit the states’ ability to target TikTok based on its Chinese connections or public criticism. Experts suggest that policymakers should focus on enhancing data privacy rights and restricting government access to data, rather than implementing TikTok-specific bans or limitations.