- Details
- By Native News Online Staff
The Confederated Salish and Kootenai Tribes and the National Congress of American Indians today threw their support behind opposing Montana’s TikTok ban on the grounds of tribal sovereignty infringement.
The ban was signed into law by Montana’s governor in May 2023, but was blocked by a federal judge before it was set to go into effect for potentially violating the First Amendment. It has been held up in court ever since.
On May 6, the tribes and NCAI filed an amicus brief with the U.S Court of Appeals for the Ninth Circuit stating “It is uncontested that Montana’s TikTok ban cannot legally take effect on Tribal lands in Montana…Despite this acknowledgment, the record shows the Montana law would likely be enforced on Tribal lands in practice, as TikTok users’ locations cannot be precisely tracked through IP addresses.”
Particularly, CSKT and NCAI objected to the ban’s enforcement design, which they say can lead to the ban applying illegally on tribal lands, and infringing on tribes’ abilities to exercise digital sovereignty.
“The Ban interferes with Tribal Nations’ significant interest in crafting their own policy decisions in the digital and data realm to protect the health and welfare of their people,” the brief states.
"Tribal Nations have the capability to tackle digital inequity and are the proper sovereigns to determine their policies for their communities," said Native American Rights Fund (NARF) Staff Attorney Beth Wright in a statement. "Tribal Nations already exercise authority in this area by building broadband infrastructure, providing crucial telehealth, telework, and telelearning opportunities to their members, and protecting private tribal data."
This is not the only lawsuit dealing with tribal nations and social media. Last month, two tribal nations filed a lawsuit accusing major social media companies of contributing to disproportionately high rates of suicide among Native American youth.
Editors Note: A previous version of this article stated May 6, 2024 as the date of the amicus brief filing. It has been updated to reflect the correct filing date of May 7, 2024.
More Stories Like This
Diné Bizaad Becomes the Official Language of Navajo NationWaadookodaading Ojibwe Language Institute Receives $1.5 Million Gift from MacKenzie Scott to Advance Language Revitalization Efforts
'This is all we have.' | Tribal Citizens Continue Protest of Wind River Land Grab
Osage Minerals Council Secures Landmark Legal Victory Over Enel for Trespass in Osage Mineral Estate
David Sickey Writes About the Historic Opportunity for Tribes to Secure Their Water Rights
Can we take a minute to talk about tribal sovereignty?
Sovereignty isn't just a concept – it's the foundation of Native nations' right to govern, protect our lands, and preserve our cultures. Every story we publish strengthens tribal sovereignty.
Unlike mainstream media, we center Indigenous voices and report directly from Native communities. When we cover land rights, water protection, or tribal governance, we're not just sharing news – we're documenting our living history and defending our future.
Our journalism is powered by readers, not shareholders. If you believe in the importance of Native-led media in protecting tribal sovereignty, consider supporting our work today.
Right now, your support goes twice as far. Thanks to a generous $35,000 matching fund, every dollar you give during December 2024 will be doubled to protect sovereignty and amplify Native voices.
No paywalls. No corporate owners. Just independent, Indigenous journalism.
