TikTok wants the State of Indiana’s case against it dismissed.
In their 62-page motion filed in Allen Superior Court, attorneys for the social media company cite a number of reasons Indiana Attorney General Todd Rokita’s case should be tossed out, or at least delayed.
Rokita accuses the China-based company of violating Indiana’s Deceptive Consumer Sales Act by not disclosing that user data may be subject to Chinese law.
Earlier this year, TikTok and its parent company ByteDance asked the case to be transferred to federal court. That request was denied.
U.S. District Judge Holly Brady called the state’s case “political posturing” and says the state was arguing a case beyond its legal claim.
In seeking the dismissal, TikTok again says Indiana does not have jurisdiction over the company, and that they do not violate the state’s Deceptive Consumer Sales Act because the app is free.
They also argue that what the state wants is a violation of the company’s First Amendment rights to speech, and that matters regarding alleged national security and foreign affairs are the “exclusive prerogative of the Congress and the President.”
Rokita’s office has until Aug. 23 to reply to TikTok’s motion. A hearing on the matter is scheduled for late October.
A message seeking comment from the Indiana Attorney General has not yet been returned.
