SALT LAKE CITY — The social media giant TikTok has filed an emergency appeal with the Utah Supreme Court, seeking to delay a hearing later this week where the company could be found in contempt of court.
The motion for emergency relief, obtained by FOX 13 News on Tuesday, pointed out a Dec. 1 deadline for TikTok to comply with a judge's order that it hand over documents to the Utah Division of Consumer Protection, which has had an ongoing investigation into the company. But TikTok has also asked for a stay in the legal proceedings while it appeals the judge's ruling to a higher court.
No decision on that stay has been made.
"In the absence of a stay TTI [TikTok, Inc.] will be compelled to turn over the very documents and information that are the subject of the appeal, depriving it of much of, if not the bulk of, the value of its appeal," TikTok attorney Deno Himonas (who is also a retired Utah Supreme Court Justice) wrote in the motion.
Utah's Division of Consumer Protection has had an ongoing investigation into TikTok and took the company to court, accusing it of not complying with subpoenas. A judge sided with the state and ordered TikTok to comply lest it be held in contempt of court.
The state also separately sued TikTok, accusing it of crafting addictive algorithms that harm the mental health of Utah's youth, as well as misleading investigators about its business operations. It is part of a long running campaign Governor Spencer Cox and members of the Utah State Legislature have engaged in against social media platforms, accusing them of harming youth and seeking to regulate them. The state has also sued Meta, which owns Facebook and Instagram, making similar allegations.
TikTok has argued that once Utah filed its lawsuit, the investigative subpoenas were negated.
"A temporary stay will allow for the proper briefing and hearing on an important matter of first impression in Utah courts regarding whether the Division's investigator subpoena powers survive the filing of a formal complaint," Himonas wrote.
In a statement to FOX 13 News, Utah Attorney General Sean Reyes accused TikTok of trying to delay things.
"TikTok has engaged in delay tactics for months; meanwhile, it continues to harm Utah children. This is just its latest attempt to avoid complying with lawfully issued subpoenas," he said in a statement. "A Utah judge has rightfully held TikTok in contempt for not complying with lawful subpoenas issued six months ago. The State will continue to fight to ensure TikTok stops harming Utah’s children and fully complies with the law."
As of Tuesday afternoon, the Utah Supreme Court had yet to intervene but its docket indicated it has asked lawyers for the state to respond to TikTok's motion by Thursday — the same day the companies and the Utah Attorney General's Office will be in court.
