At first, Montana-based TikTok creators weren’t worried about a potential ban on the app in the state. But when Gov. Greg Gianforte signed a bill restricting downloads of the immensely popular social media app into law, the fear — and frustration — set in.
“It feels like it’s just one step closer to losing our freedom and the freedom that Montanans value so highly,” said Spencre McGowan, a content creator based in Butte who has more than 109,000 followers.
She’s among the countless content creators in the state who will be impacted when the bill, SB 419, goes into effect in January 2024. The legislation makes it illegal for app stores to give users the option to download TikTok and for the company to operate within the state. Violations of a ban include every time a user is offered the ability to download the app. Each violation could carry a $10,000 penalty. Enforcement would be handled by the Montana Justice Department.
The ban is already facing a legal battle — on Wednesday, a group of five TikTokers sued the state, arguing the law is an unconstitutional violation of free speech rights.
For creators like McGowan, who earn anywhere from $350 to $1,100 for her sponsored posts, the app has been a way to get their heads above water financially.
While McGowan, author of the cookbook “Forest + Home,” has a part-time job creating content for the seaweed company Daybreak Seaweed, TikTok is where she makes cottagecore content and earns a decent income.
“When I started getting paid and brands kept reaching out to me for my work as an herbalist and an artist and a cook, it just felt really special and meaningful,” she said. “And the finances are just such a helpful addition to my current paycheck.”
May 18, 202301:50
Fear of freedoms being stripped away
Montana’s ban cites TikTok’s China-based owner ByteDance as the onus for prohibiting the platform.
“The Chinese Communist Party using TikTok to spy on Americans, violate their privacy, and collect their personal, private, and sensitive information is well-documented,” Gianforte said in a news release, calling the law “the most decisive action of any state.”
More than half the U.S. states and the federal government have banned TikTok from government-owned devices, according to The Associated Press.
TikTok has attempted to persuade U.S. officials that they can address security concerns and meet the level of proposed scrutiny. TikTok CEO Shou Zi Chew told Congress in March that 150 million people in the U.S. are regular users of the app, which has exploded in popularity in recent years.
Montana’s blanket ban prevents our clients, and all Montanans, from engaging in protected speech
-Ambika Kumar, lead counsel for the plaintiffs in the Montana suit
TikTok creators also held a press conference in Washington, D.C. in March after it was reported that the Biden administration was considering a nationwide ban of the app unless its owners sold their stock.
This week, five Montana-based TikTok content creators — Samantha Alario, Heather DiRocco, Carly Ann Goddard, Alice Held and Dale Stout — filed a suit against the state, claiming the ban attempts to suppress speech and “exercises power over national security that Montana does not have.”
The plaintiffs have used the app to help promote their businesses, connect with military veterans, share videos about ranch life and post humorous sketches.
Attorneys for the plaintiffs did not make them immediately available for comment.
“Montana’s blanket ban prevents our clients, and all Montanans, from engaging in protected speech,” said Ambika Kumar, lead counsel for the plaintiffs in the Montana suit. Kumar previously won an injunction in 2020, when then-President Donald Trump attempted to ban TikTok.
“We are determined to see that this misguided and invalid law is permanently enjoined,” Kumar said.
In response to the suit, Emily Flower, spokeswoman for the Montana Department of Justice, said, “We expected a legal challenge and are fully prepared to defend the law.”
McGowan said she feels the TikTok ban is another blow to Montanans’ freedoms, citing Montana’s recent ban on abortion after 15 weeks as another piece of legislation adding to her anxiety. (Montana’s abortion ban has temporarily been blocked by a judge). She also pointed to the treatment of transgender people in the state as a reason for her growing unease.
While McGowan doesn’t have kids yet, she said these recent legislative changes have made her hesitant about raising a family in Montana.
“Realistically, if trans health care is getting denied, if pregnant people are not treated as equals, and if we are not allowed to download an app … I’ve told my husband, I don’t want to raise our kids in a state that would allow that.”
Montana without TikTok: ‘An absolute shame’
Montana may not be thought of as a bustling hub for creators and influencers, but it is still home to many who rely on the app for income and connection with the rest of the world.
Among the most famous content creators living in Montana is Hank Green, a pillar of internet culture. Upon learning of the ban, Green responded by tweeting an angry emoji. Green did not respond to a request for comment.
Country singer Jonah Prill, a native of Billings, said TikTok has been a crucial component to building his fan base. Prill, who has more than 809,000 followers, called it “the most useful, creative, best tool for me and my peers.”
“This is incredible timing that this bill was introduced because I’m currently in the middle of releasing a song, and my biggest tool is TikTok,” Prill said.
Although Prill recently moved to Nashville for his music career, he said TikTok remains an effective tool to connect with his fans in Montana and around the world — especially ahead of the release of his upcoming song “All That Pretty.”
Prill said he hopes Montana residents won’t lose access to an app that he believes has tremendous power for both businesses and individuals looking to connect with one another.
“Honestly, we don’t have internet or cell reception in most of the state,” Prill joked. “However, it would be an absolute shame if the rest of the world or even someone from a neighboring state wouldn’t be able to necessarily have access to the beauty of the place and the amazing people of Montana.”
Source: | This article originally belongs to Nbcnews.com
