United States of America: Court for the District of Montana granted motion to stay preliminary injunction pending Presidential review of Protecting Americans from Foreign Adversary Controlled Applications Act

On 19 February 2025, the United States District Court for the District of Montana granted a joint motion to stay the proceedings in the public lawsuit over the Act Banning TikTok in Montana (SB 419). The decision to halt the proceedings is contingent upon the adjudication of a constitutional challenge initiated by TikTok in the US Court of Appeals for the District of Columbia Circuit (D.C. Circuit). The federal challenge targets the Protecting Americans from Foreign Adversary Controlled Applications Act, which concerns the operational status of the platform. The court order specifies that the stay shall persist until a final resolution is reached in the D.C. Circuit. Nevertheless, the stay is subject to being lifted if the United States Court of Appeals for the Ninth Circuit reverses the preliminary injunction previously granted by the District Court. As part of the procedural requirements, the court mandated that the parties involved must file a joint status report within 30 days of the conclusion of the D.C. Circuit action. The measure ensures that the subnational court is informed of the federal legal developments that directly influence the merits of the state-level prohibition. By aligning the Montana lawsuit timeline with the federal adjudication, the court maintains consistency in the application of constitutional law regarding foreign-controlled digital applications.