A US judge has sided with TikTok, shutting down a ban by the state of Montana, the first state-wide ban in the US.

TikTok has been under fire for the last several years over its privacy practices, and concerns that it serves as a conduit for Beijing’s espionage efforts. While US government agencies and jurisdictions have banned TikTok from government devices, Montana was the first state to implement a total ban.

According to Reuters, US District Judge Donald Molloy has shot down the ban with a preliminary injunction, citing freedom of speech. Judge Molloy says the ban “oversteps state power and infringes on the constitutional rights of users.”

While Montana’s ban targeted TikTok, it did not target TikTok users and made no provision for penalizing them for using it.

Nonetheless, the ruling is a big win for the social media company and illustrates the challenges lawmakers will have taking more aggressive action against the company.