The Center for Democracy & Technology (CDT) joined an amicus brief on May 6, 2024, alongside the American Civil Liberties Union (ACLU), ACLU of Montana, Electronic Frontier Foundation, Freedom of the Press Foundation, and Reason Foundation in Alario v. Knudsen in the Ninth Circuit. This action aimed to support the free expression rights of TikTok users in Montana.
Earlier this year, the District Court ruled the Montana law, S.B. 419, unconstitutional, leading the state to appeal. The amicus brief highlighted that banning TikTok would infringe on free expression and First Amendment rights. It argued that a complete platform ban constitutes a prior restraint, failing constitutional speech restriction standards. The brief emphasized the necessity for strong justifications, beyond vague national security claims, to impose broad speech limitations.
It is crucial for courts to scrutinize government actions safeguarding national security to ensure they do not unduly encroach on First Amendment rights. CDT had previously advised the Montana legislature against SB419, warning that banning TikTok would violate the free speech rights of numerous Montanans who rely on the platform for sharing and accessing constitutionally protected content.
Read the full brief here.
