Montana

Federal judge holds hearing on Montana TikTok ban lawsuit

Published

1 year ago

October 13, 2023

Federal judge holds hearing on Montana TikTok ban lawsuit

MISSOULA — Thursday in Missoula, a lawsuit challenging Montana’s law banning the app TikTok got a hearing in federal court. In testimony, attorneys said it’s clear this is going to be a test case, drawing attention across the country.

U.S. District Judge Donald Molloy held the hearing as he considers whether to issue a preliminary injunction, to put the law on hold before it takes effect on Jan. 1.

The Montana Legislature passed Senate Bill 419 earlier this year, and Gov. Greg Gianforte signed it into law. It says TikTok can’t operate in Montana, and that app stores can’t offer it for download within the state’s borders. It institutes penalties of up to $10,000 for each violation, with another $10,000 each day a violation continues. Individual users would not face penalties.

Supporters of the law cited concerns that the app might expose Montanans’ data to China. TikTok is owned by ByteDance, a company headquartered in China. In recent months, Congress has probed claims that officials from the Chinese Communist Party might be able to access information on U.S. users.

TikTok has denied claims that its app puts user data at risk, saying the Chinese government and the Chinese Communist Party don’t have direct or indirect control over it, that they’ve never received a request to share U.S. data with Chinese authorities, and that they’ve put significant resources into protecting American users’ data.

Both TikTok and a group of Montana-based content creators who use the app filed lawsuits challenging the bill. The two cases are being considered together at this stage.

At Thursday’s hearing, Ambika Kumar, an attorney representing TikTok creators, said banning the app would interfere with their First Amendment rights of free expression. Kumar said they had connected with thousands of followers through the app – and in some cases made significant income – and that simply switching to another platform wouldn’t replace the reach they’d be losing.

Kumar said the state had other, less restrictive options it could have taken if it wanted to protect Montanans’ private data – like instituting tougher penalties for exposing data – that wouldn’t have completely blocked a single platform.

Alexander Berengaut, an attorney for TikTok, focused his arguments Thursday on the claim that SB 419 overstepped Montana’s authority – specifically by intervening in foreign policy issues that should belong to the federal government. The bill’s introductory text referred to China as “an adversary of the United States and Montana” that “has an interest in gathering information about Montanans, Montana companies, and the intellectual property of users to engage in corporate and international espionage.”

Berengaut said Thursday that TikTok’s parent company and the federal government are currently in negotiations on ways to resolve leaders’ security concerns about the app, and he argued the company wouldn’t have any reason to make such an agreement if individual states could override it with their own local policies.

Montana Attorney General Austin Knudsen was involved with writing SB 419, and attorneys from his office are defending it in this case. On Thursday, Solicitor General Christian Corrigan said the primary goal of the bill wasn’t to make a foreign policy statement against China, but to protect Montanans’ data privacy. He said the decision to call China an “adversary” was made by the federal government, and that many other states and federal leaders have expressed the same concerns about TikTok’s data collection policies that Montana has.

Emilee Cantrell, a spokesperson for Knudsen’s office, released a statement to MTN after Thursday’s hearing.

“TikTok is attempting to use the First Amendment to evade much-deserved scrutiny,” she said. “However, as the State made clear, the First Amendment does not permit companies to let foreign adversaries access Montanans’ data. TikTok also relied on its illogical argument that Montana lacks evidence of its link to China, while simultaneously arguing that the law is pre-empted because the company is negotiating with the federal government over China-related national security concerns. Montana’s law to protect its citizens’ privacy is narrowly tailored and will meet properly applied judicial scrutiny.”

During the hearing, Molloy asked some pointed questions about the law. He asked state attorneys why they should stop people from using TikTok because of data security concerns when users have willingly agreed to use the app knowing that they would be giving up data in doing so. He also noted that Montana is the only state so far to put a full ban on TikTok.

Molloy also questioned how a ban would be enforced around Montana’s reservations. Both sides agreed the restriction likely wouldn’t apply on reservations because of the state’s limited jurisdiction there.

Molloy said after the hearing that he will release an opinion as quickly as he can.

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Montana

Montana senators receive committee assignments for 119th Congress

Published

34 minutes ago

December 26, 2024

Press Room

Montana senators receive committee assignments for 119th Congress

Micah Drew

(Daily Montanan) Montana’s soon-to-be senior U.S. Sen. Steve Daines will keep a key leadership position in the Senate Energy and Natural Resources Committee in the upcoming Congress, as well as take a new position on the Foreign Relations Committee.

Incoming Senate Majority Leader John Thune of South Dakota on Friday announced the Senate Republican Conference committee assignments for the upcoming 119^th Congress beginning next year. Daines also will serve on the Finance and Indian Affairs committees.

“It’s an honor to serve Montanans in the U.S. Senate, and I’m looking forward to working with my colleagues on these crucial committees to fight for our Montana way of life,” Daines said in a prepared statement. “President (Donald) Trump received a mandate from the American people, and with these committee assignments I’ll be working to enact the president’s agenda to unleash American energy, cut taxes, open overseas markets for Montana farmers and ranchers, improve America’s relationships abroad, bring down costs for hardworking families, secure the southern border and stem the flow of deadly drugs.”

Daines has also been the ranking member on the Subcommittee on National Parks, which he will chair in the upcoming Republican-controlled Senate.

Sen.-elect Tim Sheehy, a Navy Seal, will serve on the committees on Armed Services, on Commerce, Science and Transportation, and on Veterans’ Affairs.

Sheehy, of Bozeman, won his election to the Senate against incumbent Democrat U.S. Sen. Jon Tester, who had chaired the Veterans’ Affairs committee during the last two sessions of Congress.

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Montana

Montana Lottery Powerball, Lucky For Life results for Dec. 25, 2024

Published

9 hours ago

December 26, 2024

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 25, 2024, results for each game:

Winning Powerball numbers from Dec. 25 drawing

15-26-27-30-35, Powerball: 03, Power Play: 3

Check Powerball payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 25 drawing

04-10-35-42-45, Lucky Ball: 02

Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Dec. 25 drawing

04-05-40-42-52, Star Ball: 10, ASB: 03

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from Dec. 25 drawing

09-18-19-25, Bonus: 15

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from Dec. 25 drawing

08-29-30-47-57, Powerball: 01

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from Dec. 25 drawing

01-05-10-39-41

Check Montana Cash payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9:00 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9:00 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8:00 p.m. MT on Wednesday and Saturday.

Missed a draw? Peek at the past week’s winning numbers.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Puerto Rico, Texas, Washington, D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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Montana authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan

Published

20 hours ago

December 25, 2024

Press Room

Montana authors talk about state's 'political hell-raiser,' archaeology • Daily Montanan

Historian and author Marc Johnson gives a book talk next month about Burton K. Wheeler, “one of the most powerful politicians Montana ever produced,” as part of the Montana Historical Society’s lecture series.

Johnson will speak from 1 p.m. to 2 p.m. Wednesday, Jan. 8, at Touchmark, 915 Saddle Dr. in Helena. He will talk about his book, “Political Hell-Raiser: The Life and Times of Senator Burton K. Wheeler of Montana.”

“(Wheeler) came of political age amid antiwar and labor unrest in Butte, Montana, during World War I, battling Montana’s powerful economic interests and championing farmers and miners as a crusading United States attorney,” said the announcement from the Montana Historical Society. “Wheeler went on to become one of the most influential, and controversial, members of the United States Senate during three of the most eventful decades in American history.”

Also in January, author and University of Montana archaeology professor Douglas MacDonald will discuss his “Land of Beginnings: The Archaeology of Montana’s First Peoples.”

The book talk takes place from 6:30 p.m. to 7:30 p.m. on Thursday, Jan. 16, at the Lewis & Clark Library, 120 S. Last Chance Gulch in Helena.

“While researchers have learned a great deal about the origins of the first people to call this region home, questions remain about which route or routes they took and when they made this journey,” said the Montana Historical Society about the book talk.

The organization also said the Original Governor’s Mansion will be open for free guided tours at noon, 1 p.m., 2 p.m. and 3 p.m. on Thursday, Dec. 26, and on Saturday, Dec. 28.

“The Queen Anne-Style mansion will be decorated for the holiday season through the weekend with surprises for visitors of all ages,” said the announcement.

For more information, contact Darby Bramble at [email protected].

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