The following podcast contains advertising.

To access an ad-free version of the Lawfair Podcast,

become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com

slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath.

I think it is a concern I would imagine from the tech company's point of view you know this

has often been said like we're trying to regulate state to state their 50 states it's somewhat of a nightmare. To even imagine how they do that,

you know, how they even know where the users are and that might require even more surveillance,

which seems bad.

I'm Quinta Jurassic, a senior require even more surveillance, which seems bad.

I'm Quinta Jaresic, a senior editor at Law Fair.

And this is the Law Fair Podcast, January 3rd, 2024.

Today, we're bringing you an episode of Arbiters of Truth, our series on the information ecosystem.

In May 2023, Montana passed a new law that would ban the use of Tik-Tok within the state, starting on January 1st,

2024.

But as of today, Tik-Tok is still legal in the state of Montana.

Thanks to a preliminary injunction issued by a federal district

judge who found that the Montana law likely violated the First Amendment.

In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of Tik-Toc on Texas state-owned devices.

What should we make of these rulings and how should we understand the legal status of efforts to ban

Tic-Toc. We've discussed the question of Tic-Toc bans in the First Amendment before on the

lawfare podcast. With my fellow senior editor Alan Rosenstein and Matt

Peralt, director of the Center on Technology Policy at UNC Chapel Hill, sat down

...