The Treasure State–Montana–does not treasure it citizens engaging in TikTok. Thus, it banned the social media app, effectively Jan. 1, 2024.

However, Federal Judge Donald Molloy sees it differently: “[Montana] oversteps state power and infringes on the Constitutional rights of users and businesses.” And, he indicated that SB 419 offered insufficient evidence to corroborate a more concerning claim that the Chinese government is data mining.

To reach this decision, TikTok first took action by suing the state over law for “illegal suppression of free speech.” TikTok’s owner at ByteDance denies the state’s claim of data sharing with the Chinese government. “In shutting off  TikTok,” Molloy stated, “the Legislature has both harmed User Plantiffs’ FIrst Amendment rights and cut off a stream of income on which many rely. Thus, Plaintiffs have established a likelihood of irreparable harm.”

This, of course, will not stop Montana from revising its original Bill and offering a revised version next year. If it passes, Montana will become the first state to successfully ban TikTok–an idea also being considered by the U.S. government for the rest of the country. The issue, however, is not about one’s First Amendment rights. Both state and federal officials fear what the Chinese company–more precisely, it’s government–may be using data extracted on American citizens from the social app. The consequences could be far more devastating than the more superficial concern of free speech.

For now, the only argument to consider is that of free speech. But, the moment that a that the government can substantiate its fears that China is infiltrating the U.S. via TikTok, it’s a sure bet that a nationwide ban will immediately go into effect. If that happens, it will be ByeBye to TikTok.