TikTok, Inc. v. Garland
Consolidated with:
Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
24-656 | D.C. Cir. | Jan 10, 2025 | Jan 17, 2025 | 9-0 | Per Curiam | OT 2024 |
Holding: The challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act do not violate petitioners" First Amendment rights.
Judgment: Affirmed in a per curiam opinion on January 17, 2025. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Supreme Court upholds TikTok ban (Amy Howe, January 17, 2025)
- Supreme Court skeptical of ban on TikTok (Amy Howe, January 10, 2025)
- Parties file final briefs before Supreme Court hears TikTok case (Amy Howe, January 4, 2025)
- TikTok, Biden, Trump present arguments over app ban to justices (Amy Howe, December 28, 2024)
- Justices to hear arguments on TikTok ban on Jan. 10 (Amy Howe, December 18, 2024)
- TikTok asks justices to temporarily block federal ban (Amy Howe, December 16, 2024)
Date | Proceedings and Orders |
---|---|
12/16/2024 | Application (24A587) for injunction pending review, submitted to The Chief Justice. |
12/16/2024 | Petition for a writ of certiorari filed. |
12/16/2024 | Brief amicus curiae of Professor Matthew Steilen filed. |
12/17/2024 | Brief amicus curiae of Foundation for Individual Rights and Expression, Institute for Justice, and Reason Foundation filed. |
12/17/2024 | Brief amicus curiae of American Civil Liberties Union, et al. filed. |
12/18/2024 | Brief amicus curiae of Senator Mitch McConnell filed. |
12/18/2024 | Application (24A587) referred to the Court. |
12/18/2024 | Petition GRANTED. |
12/18/2024 | Consideration of the application (24A587) for an injunction pending review presented to The Chief Justice and by him referred to the Court is deferred pending oral argument. Applicants suggested this Court treat the application as a petition for a writ of certiorari; doing so, the petition is granted. The petition for a writ of certiorari in No. 24-657 (24A588) is granted. The cases are consolidated, and a total of two hours is allotted for oral argument. The parties are directed to brief and argue the following question: Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment. The parties are directed to file electronically simultaneous opening briefs, limited to 13,000 words, and a joint appendix on or before 5 p.m. (EST), Friday, December 27, 2024. Reply briefs, limited to 6,000 words, are to be filed electronically on or before 5 p.m. (EST), Friday, January 3, 2025. Any amicus curiae briefs are to be filed electronically on or before 5 p.m. (EST), Friday, December 27, 2024. Booklet format briefs prepared in compliance with Rule 33.1 shall be submitted as soon as possible thereafter. The case is set for oral argument on Friday, January 10, 2025. VIDED. |
12/18/2024 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-656. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-656. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
12/18/2024 | SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025 |
12/20/2024 | Any motion pertaining to the oral argument in these cases shall be filed on or before 5 p.m. (EST), Friday, December 27, 2024. |
12/23/2024 | Letter of petitioners TikTok Inc., et al. filed. VIDED. |
12/23/2024 | Amicus brief of Advancing American Freedom not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.) |
12/23/2024 | Brief amicus curiae of Advancing American Freedom in support of respondent filed (December 27, 2024). VIDED. (Distributed) |
12/26/2024 | Record requested from the United States Court of Appeals for the District of Columbia Circuit. |
12/27/2024 | Joint appendix (2 volumes) filed. VIDED. (Distributed) |
12/27/2024 | Brief of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed) |
12/27/2024 | Brief of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed) |
12/27/2024 | Motion for divided argument filed by petitioners. VIDED. |
12/27/2024 | Brief of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed) |
12/27/2024 | Amicus brief of The Forum for Constitutional Rights not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.) |
12/27/2024 | Brief amicus curiae of The Forum for Constitutional Rights in support of neither party filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality in support of neither party filed. VIDED. (Distributed) |
12/27/2024 | Brief amicus curiae of President Donald J. Trump in support of neither party filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Members of Congress in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of American Civil Liberties Union, et al. in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Brief amicus curiae of Cato Institute in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Amicus brief of Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.) |
12/27/2024 | Brief amici curiae of Knight First Amendment Institute at Columbia University, et al. in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Floor64, Inc. d/b/a The Copia Institute in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Chris Santospirito, et al. in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of National Security Professors Aaronson, Edgar, and Klein in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Amicus brief of First Amendment and Internet Law Professors not accepted for filing. (December 27, 2024 - notified by counsel corrected electronic and paper format to be submitted.) |
12/27/2024 | Brief amici curiae of First Amendment and Internet Law Professors in support of petitioners filed (as to 24-656). (Distributed) |
12/27/2024 | Brief amicus curiae of Professor Milton Mueller in support of petitioners filed. VIDED. (Distributed) |
12/27/2024 | Amicus brief of Social and Racial Justice Nonprofits not accepted for filing. (December 27, 2024 - corrected electronic and paper format to be submitted.) |
12/27/2024 | Brief amici curiae of Social and Racial Justice Nonprofits in support of petitioners filed (December 30, 2024). VIDED. (Distributed) |
12/27/2024 | Amicus brief of Foundation for Individual Rights and Expression, et al. not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with correct proof of service.) |
12/27/2024 | Brief amici curiae of Foundation for Individual Rights and Expression, et al. in support of petitioners filed (December 31, 2024). (Distributed) |
12/27/2024 | Brief amici curiae of The Campaign for Uyghurs, et al. in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Chairman of the Select Committee on the CCP John R. Moolenaar, et al. in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Zephyr Teachout and Joel Thayer in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Brief amicus curiae of American Free Enterprise Chamber of Commerce in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Montana, et al. in support of respondent filed. VIDED. |
12/27/2024 | Brief amici curiae of Former National Security Officials in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Brief amici curiae of Former Federal Communications Commission and Treasury Officials in support of respondent filed. VIDED. (Distributed) |
12/27/2024 | Amicus brief of Foundation for Defense of Democracies not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.) |
12/27/2024 | Brief amicus curiae of Foundation for Defense of Democracies in support of respondent filed (corrected electronic brief and proof of service received - December 31, 2024). VIDED. (Distributed) |
12/31/2024 | Motion for divided argument filed by petitioners GRANTED. VIDED. |
12/31/2024 | Motion for leave to file out of time, for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed by The Forum for Constitutional Rights. VIDED. |
01/03/2025 | Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. Sealed record material electronically received and available with the Clerk. |
01/03/2025 | Reply of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed) |
01/03/2025 | Reply of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed) |
01/03/2025 | Reply of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed) |
01/08/2025 | Motion leave to file out of time, for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED. |
01/10/2025 | Argued. For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C. For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED. |
01/17/2025 | Adjudged to be AFFIRMED. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. Gorsuch, J., filed an opinion concurring in the judgment. VIDED. |
02/18/2025 | Judgment Issued. |