Nevada Supreme Court Clears Path for TikTok Trial as Federal Debate Over App Continues

Nevada Attorney General Aaron D. Ford announced Nov. 7 that his office can move forward with its lawsuit against social media company TikTok after the Nevada Supreme Court denied the platform’s request to block the case. The ruling clears the way for Ford’s consumer protection lawsuit to proceed to trial, marking another step in the state’s effort to hold social media companies accountable for alleged harm to Nevada youth.

“TikTok has failed in its effort to evade justice in Nevada courts. Again,” said Ford. “If you do business in Nevada and you hurt people here, you’ll face trial here. We will never stop working to hold social media companies accountable for the harm they have done to Nevada’s youth.”

TikTok had filed a writ petition in December 2024, arguing that it should be immune from lawsuits under federal law and not subject to Nevada’s jurisdiction. The Supreme Court disagreed, siding with the Eighth Judicial District Court and affirming that the case can continue in state court.

In its decision, the court rejected TikTok’s claim to blanket immunity under the federal Communications Decency Act, commonly known as Section 230. The justices agreed with other state courts around the country that the law does not shield social media platforms when they are accused of designing their products in ways that cause harm. The ruling also clarified when a company based outside Nevada can still be required to stand trial in the state if its business practices cause harm to Nevada residents.

Ford’s office has filed similar lawsuits against Snapchat, Instagram, Facebook, Messenger, YouTube, and Kik, alleging that the platforms’ design features are addictive and dangerous for children. Those cases claim that the companies used algorithms, notifications, and other tools to maximize screen time and profit at the expense of users’ mental and physical health. According to the complaints, these practices contribute to rising rates of anxiety, depression, eating disorders, and other health issues among teens.

The lawsuit against TikTok specifically accuses the company of using features like endless scrolling and algorithm-driven video recommendations that keep young users engaged for long periods and expose them to harmful or inappropriate content. It also raises concerns about data privacy, safety, and the targeting of underage users despite stated age restrictions.

While Nevada’s case now moves closer to trial, TikTok remains under national scrutiny as well. On the federal level, lawmakers passed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) in April 2024. The law requires apps owned or controlled by foreign adversaries like TikTok’s Chinese parent company, ByteDance, to either sell their U.S. operations or face a nationwide ban.

Although the U.S. Supreme Court upheld the law’s constitutionality in early 2025, enforcement has been delayed through a series of executive orders while negotiations continue. The current order extends the deadline for TikTok’s compliance or sale into late 2025. For now, the app remains fully operational in the United States. At the same time, federal officials debate how to enforce the law without disrupting millions of American users and creators who rely on the platform for communication, entertainment, and income.

Taken together, the state and federal actions reflect growing concern over the influence of social media on young people’s health and safety, as well as national security. Ford said Nevada’s case is part of a broader effort to demand accountability from tech companies that profit from children’s attention while doing too little to protect them.

“Our message is simple,” Ford said. “If your platform is harming kids in Nevada, you’ll be held responsible right here in Nevada.”