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Adam Botkin, a football TikTok influencer, edits a video for a post at a Chipotle Mexican Grill while eating dinner in Missoula, on May 3, 2023. Botkin, a former walk-on place kicker and punter for the Montana Grizzlies, gained notoriety on the social media platform after videos of him performing kicking tricks went viral. Image Credit: AP

HELENA, Montana: Montana became the first state in the US to enact a complete ban on TikTok on Wednesday when Republican Governor. Greg Gianforte signed a measure that’s more sweeping than any other state’s attempts to curtail the social media app, which is owned by a Chinese tech company.

The measure, scheduled to take effect on January 1, 2024, is expected to be challenged legally and will serve as a testing ground for the TikTok-free America that many national lawmakers have envisioned. Cybersecurity experts say it could be difficult to enforce the ban.

TikTok spokesperson Brooke Oberwetter argued that the law infringes on people’s First Amendment rights and is unlawful. She declined to say whether the company will file a lawsuit.

“We want to reassure Montanans that they can continue using TikTok to express themselves, earn a living, and find community as we continue working to defend the rights of our users inside and outside of Montana,” Oberwetter said in a statement.

The American Civil Liberties of Montana and NetChoice, a trade group that counts Google and TikTok as its members, also called the law unconstitutional. Keegan Medrano, policy director for the ACLU of Montana, said the Legislature “trampled on the free speech of hundreds of thousands of Montanans who use the app to express themselves, gather information and run their small business, in the name of anti-Chinese sentiment.”

The legislation, drafted by the attorney general’s office, easily passed through Montana’s GOP-controlled Legislature.

Officials are also bound to receive criticism from advocacy groups and TikTok users who don’t want their favorite app to be taken away. The app’s fun, goofy videos and ease of use has made it immensely popular, and US tech giants like Snapchat and Meta, the parent company of Facebook and Instagram, see it as a competitive threat.

Influencers

TikTok has been recruiting so-called influencers and small businesses who use the platform to push back on a ban. But others who haven’t been part of an official campaign coordinated by the company are also worried about what lawmakers are doing.

Adam Botkin, a former football player and recent graduate at the University of Montana, said it was a scary time for him as a content creator in Montana. The 22-year-old has nearly 170,000 followers on TikTok, where he mostly posts short videos of himself performing football kicks.

He says he sometimes makes “tens of thousands” of dollars per month from brands looking to market their products on his social media accounts, including Instagram, where he has roughly 44,000 followers.

Botkin says most of his income comes from Instagram, which is believed to be more lucrative for content creators. But he has to grow his following on that platform — and others — to have the same level of popularity that he does on TikTok. He says he’s trying to do that and won’t try to circumvent the TikTok ban by using a VPN.

“You got to adapt and evolve with how things move,” Botkin said. “So, if I have to adapt and move, I’ll adapt.”