A federal judge is set to hear arguments regarding Montana’s ban on TikTok, with the social media giant and five Montana content creators seeking to prevent the ban from taking effect on January 1.

U.S. District Judge Donald Molloy, presiding in Missoula, will hear the case and determine whether to grant a preliminary injunction to block the state’s prohibition on the popular video-sharing app. It is important to note that a ruling is not expected immediately.

Montana made headlines as the first U.S. state to impose a comprehensive ban on TikTok. The state’s rationale for this ban centers on concerns that the Chinese government could potentially access user data through TikTok. This suspicion stems from TikTok’s parent company, ByteDance, being headquartered in Beijing.

Content creators from Montana argue that the ban infringes upon their freedom of speech and may harm their businesses significantly.

TikTok’s defense rests on the contention that Montana’s ban is based on “unsubstantiated allegations.” They argue that Montana does not have the authority to regulate foreign commerce and that the state could have enacted more moderate measures such as data collection restrictions or parental controls, rather than a total ban.

Governments in the Western world have expressed concerns about TikTok, fearing it could compromise sensitive data or be exploited as a tool for spreading misinformation due to Chinese laws allowing government interference in companies’ operations. TikTok, while refuting these claims, continues to grapple with these issues, including negotiations with the U.S. government regarding its future in the country.

A recent report by the U.S. State Department alleged that ByteDance aimed to prevent critics of the Chinese government from using its platforms, even those outside China, by maintaining a list of blocked or restricted individuals, including those advocating for Uyghur independence.

More than half of the U.S. states and the federal government have banned TikTok on official devices. TikTok dismisses these bans as “political theater” and emphasizes the steps it has taken to safeguard U.S. data by storing it on Oracle servers.

The Montana legislation to ban TikTok came after a Chinese spy balloon flew over the state. If enacted, the law would prohibit TikTok downloads in Montana and impose a daily fine of $10,000 on any entity that enables app access or downloads.

In support of the challenge, the American Civil Liberties Union, its Montana chapter, and the Electronic Frontier Foundation, a digital privacy rights advocacy group, have submitted an amicus brief. In contrast, 18 attorneys general from predominantly Republican-led states are backing Montana and urging the judge to uphold the law. Even if the ban is upheld, cybersecurity experts have raised concerns about its enforceability.

TikTok’s argument for a preliminary injunction is based on the app’s usage in the state since 2017, with the claim that allowing Montanans to continue using it will not cause harm. They point out that Montana has not presented evidence of any actual harm to residents using TikTok and that the ban’s effective date has already been deferred until January 1, 2024.