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LINCOLN, Neb. (CN) — A state court judge advanced a lawsuit filed by Nebraska against TikTok for misrepresenting the “harmful” effect of the social media giant’s content, ruling the state has personal jurisdiction.
The decision follows a court hearing on the matter on Oct. 23. Nebraska claimed the social media behemoth marketed itself as “family friendly” and “safe” when it actually contributed to a mental health crisis by exposing Cornhusker State youth to addictive, suicide-related, harmful content.
TikTok argued during the October hearing that its statements about content moderation and the suitability of the app for teens and families were not directed specifically at Nebraskans, therefore the state lacked personal jurisdiction — which requires that an entity do business or have contacts in an area covered by the court.
“The state is challenging statements that TikTok made primarily on static webpages that do not mention Nebraska, that were not made from Nebraska and were not directed at or expressly aimed at Nebraska,” argued Blaine Evanson of California’s Gibson Dunn for TikTok, during the October hearing.
The social media giant added that such regulation of its content would be a violation of Section 230 of U.S. Code, which says internet service providers are not responsible for what their users post online as long as they took reasonable steps to police themselves of objectionable material.
TikTok also argued that statements it made that the app was “family friendly,” “safe” and “appropriate for kids and teens” were opinions, not quantifiable facts.
The state countered that TikTok had indeed directed content at Nebraskans.
“TikTok is expressly, directly, engaging with all of the users in Nebraska, not just by the use of the platform, but because every single user that signs up for TikTok in Nebraska enters into a bilateral contract with TikTok,” attorney John Hughes of the Denver office of Bartlit Beck said during the October hearing.
“TikTok makes representations to PTAs about the safety of its platform for children and teens. It has actually sponsored PTA proceedings in Nebraska,” he added.
Nationwide, most users of TikTok are under 18 and a third of them are 14 or younger, Hughes said. And there was no reason to believe that the numbers weren’t similar in the Cornhusker State.
“TikTok use by youth is so pervasive, there are numerous Nebraska youth that are on TikTok at three in the morning in the middle of the night, for extended periods of time,” he said.
The ruling means that unless the social media behemoth appeals, the suit will continue.
“Without offering evidence, defendants move the court to dismiss for lack of personal jurisdiction and failure to state a claim,” Maret wrote in the ruling issued Friday but announced Monday. “No evidence has been received by the court.”
Citing Nebraska case law, Maret wrote that without an evidentiary hearing, the plaintiff only needs to make a prima facie case for personal jurisdiction.
“The court must accept as true all well-pled facts in the complaint and draw all reasonable inferences in favor of the plaintiff," Maret wrote. “Dismissal should be granted only in the unusual case where a plaintiff includes allegations that show on the face of the complaint that there is some insuperable bar to relief.”
Nebraska Attorney General Mike Hilgers praised the ruling in a statement Monday.
“We have filed this lawsuit to hold TikTok accountable for deceiving Nebraska parents and children and for the harm TikTok’s deception has caused,” Hilgers said. “We are grateful to the court for allowing this lawsuit to proceed so that our office can continue to fight for Nebraskans and protect them from exploitative companies that would do them harm.”
Evanson and TikTok did not immediately respond to requests for comment.
Nebraska isn’t the only state challenging TikTok. Earlier in October, 14 other states including New York and California, along with Washington, D.C. also sued the social media giant, claiming harm against minors.
The state suits are only part of the onslaught of opposition TikTok is facing in the U.S.
Its relationship to its parent company, the China-based ByteDance — which critics say raises cybersecurity concerns — prompted President Joe Biden to sign off on a bipartisan bill requiring the platform to divest from ByteDance. TikTok sued to block the bill, but faces an outright ban of the app if ByteDance does not divest of it by January.
Arguments over the potential federal ban of TikTok were heard by the Supreme Court on Friday. Unless the high court intervenes, TikTok could go dark on Jan. 19.
If you are having thoughts of suicide, call or text 988, or call the National Suicide Prevention Lifeline at 1-800-273-8255 (TALK). Visit SpeakingOfSuicide.com/resources for a list of additional resources.
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