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In April 2023, Montana鈥檚 state legislature passed SB 419, an Act Banning TikTok in Montana. This law imposes a sweeping ban on free expression鈥攐ne that would prevent everyday Montanans from using TikTok to communicate with immense audiences, access information from around the world, and express themselves. This ban flouts the First Amendment and tramples Montanans鈥� constitutional right to freedom of speech鈥攖hat鈥檚 why the 吃瓜直播, 吃瓜直播 of Montana, Electronic Frontier Foundation (EFF), and a coalition of civil society organizations filed amicus briefs in the district court and the Ninth Circuit urging the courts to block the law from going into effect. Through these briefs, we continue to fight to ensure that no legislature can ban Americans from using an immensely popular platform for online speech based on vague invocations of 鈥渘ational security鈥� or anti-China rhetoric.

This case pending before the Montana Supreme Court asks, among other things, whether the claims of sixteen youth plaintiffs challenging Montana energy policy present a political question under the Montana Constitution. The 吃瓜直播鈥檚 State Supreme Court Initiative, alongside the 吃瓜直播 of Montana, filed an amicus brief arguing that the claims do not present a political question and, moreover, that state courts should not wholesale adopt the federal political questions doctrine.

On February 15, 2024, the 吃瓜直播 and 吃瓜直播 of Montana filed an amicus brief urging the U.S. Court of Appeals for the Ninth Circuit to leave in place an injunction against enforcement of a Montana law that infringes minors鈥� First Amendment rights by restricting their ability to attend drag performances.