TikTok's Court Victories Prove Difficulty to Ban App

TikTok has been getting back-to-back victories on the court after judges from Indiana and Montana favored the video app company, in separate legal battles. 

TikTok
(Photo : Jaap Arriens/NurPhoto via Getty Images)

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TikTok Prevails in American Law 

Recently, a state judge in Indiana threw out a lawsuit against TikTok that accuses the company of creating false claims about the safety of user data and age-appropriate content. 

According to Judge Jennifer DeGroote of Allen County Superior Court in Fort Wayne, Indiana, the court "lacks personal jurisdiction" over the app. More so, installing the app does not count as a "consumer transaction under the Indiana Deceptive Consumer Sales Act. 

Meanwhile, a federal judge from Montana had a preliminary ruling on TikTok's upcoming state-wide ban on the state. According to Judge Donald Molloy, the state failed to show how SB 419 would be "constitutionally permissible." 

TikTok Remains Strong in Market Position

Both lawsuits are yet to reach their final verdict. However, the preliminary decisions favoring TikTok only showed that it would be a hard case to implement a ban on a powerful app. 

"In shutting off TikTok, the Legislature has both harmed User Plaintiffs' First Amendment rights and cut off a stream of income on which many rely. Thus, Plaintiffs have established a likelihood of irreparable harm," Molloy wrote. 

Due to the hurdles and early failures of cases against TikTok many law professionals are suggesting to weigh more whether the app is indeed a danger to the public. 

"It's a panoply of legal hurdles that anti-TikTok efforts must jump through, and there's just no way to get through all of them," Santa Clara University's law professor, Eric Goldman told CNN. 

Goldman also suggests that policymakers should focus on making efforts to enhance the data privacy rights of Americans and a social reconciliation should be done to study how to appropriately limit the collection of data. 

Related Article: Federal Judge Blocks State-Wide TikTok Ban in Montana

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