June 04, 2025, Oral Arguments

TikTok, Inc. vs. Dist. Ct. (State of Nev.) (Civil)

Las Vegas – 1:30 p.m. – En Banc

TikTok, Inc. vs. Dist. Ct. (State of Nev.) (Civil)

Docket No. 89709

Las Vegas – 1:30 p.m. – En Banc

The State filed a complaint in the district court against the TikTok business entities, asserting claims under the Nevada Deceptive Trade Practices Act for alleged unconscionable acts related to the design of the TikTok platform and for misrepresentations and omissions about the platform’s safety for young users.  TikTok moved to dismiss the complaint on the grounds that the district court lacked personal jurisdiction over TikTok, § 230 of the Communications Decency Act immunized TikTok as a publisher of third-party speech, and the First Amendment protected TikTok’s expressive activity in designing the TikTok platform.  The district court denied TikTok’s motion with respect to the Nevada Deceptive Trade Practices Act claims, determining that it had personal jurisdiction over TikTok, § 230 of the Communications Decency Act did not immunize TikTok for its own conduct in designing the platform and making statements about its safety, and the First Amendment did not apply to the State’s deceptive trade practices claims.