Privacy Law Library

An Act Banning TikTok in Montana (SB 419, 2023)

MT TikTok Ban (SB 419)

Other

SB 419 would have barred TikTok from operating in Montana from January 1, 2024, citing user-data privacy and national-security concerns about Chinese control. A federal court preliminarily enjoined it on November 30, 2023, before it took effect. Its own section 4 voids the Act if TikTok is sold to a company not incorporated in a foreign-adversary country; the parties agreed that happened with the 2025-2026 TikTok divestiture, and the case was dismissed on February 23, 2026, with the Ninth Circuit appeal closed by mandate on September 23, 2026.

Where
Montana
Citation
SB 419, 68th Leg. (Mont. 2023), secs. 1-5 (directed to be codified in Title 30, ch. 14, parts 1-2)
Status
Expired
Enforced by
Montana Department of Justice (Attorney General)
People can sue
No
Penalties
Would have imposed $10,000 on TikTok or an app store each time a user accessed, was offered access to, or was offered the ability to download TikTok, plus $10,000 per day the violation continued. Never enforced.
Applies to
  • TikTok (ByteDance) and mobile application stores that offer TikTok to users in Montana (SB 419 sec. 1, as described in Alario v. Knudsen PI order)

Other duties

  • TikTok could not operate within Montana's territorial jurisdiction (never took effect; now void).SB 419 sec. 1(1) (2023)
  • Mobile application stores could not offer TikTok for download to Montana users (never took effect; now void).SB 419 sec. 1 (2023)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: SB 419 bill text on leg.mt.gov could not be fetched (bill PDF URLs returned 404); provisions are taken from the district court's description. | The content of the Ninth Circuit's September 1, 2026 judgment (likely dismissal of the appeal as moot) was not retrieved. | Status set to 'expired' because the parties stipulated the Act is void under its own sec. 4; no court ruled on that point and the legislature has not formally repealed it. Chapter number in Laws of 2023 not verified; the Act does not appear in the MCA 2025 Title 30, ch. 14 part list.

Research reference, not legal advice.