The state of Indiana is trying to keep its lawsuits against social media giant TikTok alive in the Indiana Supreme Court.
The state sued TikTok in 2022, arguing it violated Indiana’s Deceptive Consumer Sales Act. It said the app exposed children to inappropriate content and did not adequately inform users that their personal information could be exposed to the Chinese government.
But a trial court said Indiana doesn’t have any jurisdiction over TikTok. Attorney Brian Paul, representing the social media company, told Indiana Supreme Court justices at a hearing Tuesday they should affirm that view.
“Indiana is seeking to punish TikTok for statements that were not made in Indiana, that are not about Indiana, that were not about Indiana and that were not tailored to Indiana,” Paul said.
Paul distinguished how TikTok provides its content — via an app, over the internet — with companies in legal precedents that, for example, published magazines and sent them to people in certain states.
Some justices, like Mark Massa, seemed skeptical of that argument.
“Are you saying if it’s virtual, you’re virtually beyond the long arm of state law?” Massa said.
The Indiana Court of Appeals sided against TikTok. It aligned with Solicitor General James Barta’s argument that TikTok does a significant volume of business in the state.
“There’s the decision to remain in a continuous contractual relationship with users in Indiana, which involves the daily exchange of data,” Barta said.
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Justice Christopher Goff expressed hesitance about making a decision in the case considering TikTok’s ongoing issues with the federal government, calling the company and the situation “unique.”
“I cannot, for the life of me, imagine — with all of that going on — why it would be appropriate for us or reasonable for us, to cite the precedent, to exercise jurisdiction here and write a rule for all time,” Goff said.
There is no timetable for the court’s decision.
Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.