No. 24-656
Title:TikTok Inc., et al., Petitioners
v.
Merrick B. Garland, Attorney General
Docketed:December 18, 2024
Linked with 24A587
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(24-1113)
   Decision Date:December 6, 2024
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Dec 16 2024Application (24A587) for injunction pending review, submitted to The Chief Justice.
Main DocumentLower Court Orders/OpinionsProof of Service
Dec 16 2024Petition for a writ of certiorari filed.
Dec 16 2024Brief amicus curiae of Professor Matthew Steilen filed.
Main DocumentProof of Service
Dec 17 2024Brief amicus curiae of Foundation for Individual Rights and Expression, Institute for Justice, and Reason Foundation filed.
Main DocumentProof of Service
Dec 17 2024Brief amicus curiae of American Civil Liberties Union, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Dec 18 2024Brief amicus curiae of Senator Mitch McConnell filed.
Main DocumentProof of Service
Dec 18 2024Application (24A587) referred to the Court.
Dec 18 2024Petition GRANTED.
Dec 18 2024Consideration 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.
Dec 18 2024Because 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.”
Dec 18 2024SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025
Dec 20 2024Any motion pertaining to the oral argument in these cases shall be filed on or before 5 p.m. (EST), Friday, December 27, 2024.
Dec 23 2024Letter of petitioners TikTok Inc., et al. filed. VIDED.
Main Document
Dec 23 2024Amicus brief of Advancing American Freedom not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Dec 23 2024Brief amicus curiae of Advancing American Freedom in support of respondent filed (December 27, 2024). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of ServiceProof of Service
Dec 26 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Dec 27 2024Joint appendix (2 volumes) filed. VIDED. (Distributed)
Main DocumentMain DocumentProof of Service
Dec 27 2024Brief of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Dec 27 2024Brief of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Main DocumentOtherCertificate of Word CountProof of Service
Dec 27 2024Motion for divided argument filed by petitioners. VIDED.
Main DocumentProof of Service
Dec 27 2024Brief of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
Main DocumentProof of Service
Dec 27 2024Amicus brief of The Forum for Constitutional Rights not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Dec 27 2024Brief amicus curiae of The Forum for Constitutional Rights in support of neither party filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief 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)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amicus curiae of President Donald J. Trump in support of neither party filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Members of Congress in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of American Civil Liberties Union, et al. in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amicus curiae of Cato Institute in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Amicus 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.)
Dec 27 2024Brief amici curiae of Knight First Amendment Institute at Columbia University, et al. in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Floor64, Inc. d/b/a The Copia Institute in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Chris Santospirito, et al. in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of ServiceMain Document
Dec 27 2024Brief amici curiae of National Security Professors Aaronson, Edgar, and Klein in support of petitioners filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Amicus 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.)
Dec 27 2024Brief amici curiae of First Amendment and Internet Law Professors in support of petitioners filed (as to 24-656). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amicus curiae of Professor Milton Mueller in support of petitioners filed. VIDED. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Dec 27 2024Amicus brief of Social and Racial Justice Nonprofits not accepted for filing. (December 27, 2024 - corrected electronic and paper format to be submitted.)
Dec 27 2024Brief amici curiae of Social and Racial Justice Nonprofits in support of petitioners filed (December 30, 2024). VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Amicus 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.)
Dec 27 2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. in support of petitioners filed (December 31, 2024). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of The Campaign for Uyghurs, et al. in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Chairman of the Select Committee on the CCP John R. Moolenaar, et al. in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Zephyr Teachout and Joel Thayer in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amicus curiae of American Free Enterprise Chamber of Commerce in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Montana, et al. in support of respondent filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Former National Security Officials in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Brief amici curiae of Former Federal Communications Commission and Treasury Officials in support of respondent filed. VIDED. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Dec 27 2024Amicus brief of Foundation for Defense of Democracies not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Dec 27 2024Brief 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)
Main DocumentCertificate of Word CountProof of Service
Dec 31 2024Motion for divided argument filed by petitioners GRANTED. VIDED.
Dec 31 2024Motion 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.
Main DocumentProof of Service
Jan 03 2025Record 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.
Jan 03 2025Reply of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 03 2025Reply of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jan 03 2025Reply of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
Main DocumentProof of Service
Jan 08 2025Motion 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.
Jan 10 2025Argued. 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.
Jan 17 2025Adjudged 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.

NAMEADDRESSPHONE
Attorneys for Petitioners
Jeffrey L. Fisher
    Counsel of Record		O'Melveny & Myers LLP
2765 Sand Hill Road
Menlo Park, CA 94025

JLFISHER@OMM.COM		(650) 473-2600
Party name: Brian Firebaugh, et al.
Noel John Francisco
    Counsel of Record		Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM		(202) 879-3939
Party name: TikTok Inc. and ByteDance Ltd.
Jacob H. Huebert
    Counsel of Record		Liberty Justice Center
7500 Rialto Blvd.
Suite 1-250
Austin, TX 78735

JHUEBERT@ljc.org		512-481-4400
Party name: BASED Politics, Inc.
Attorneys for Respondent
Elizabeth B. Prelogar
    Counsel of Record		Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV		202-514-2217
Party name: Garland, Merrick
Other
Thomas Ryan McCarthy
    Counsel of Record		Consovoy McCarthy PLLC
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209

TOM@CONSOVOYMCCARTHY.COM		7032439423
Party name: Former National Security Officials
Noah Butsch BaronAsian Americans Advancing Justice | AAJC
1620 L Street NW
Suite 1050
Washington, DC 200036

nbaron@advancingjustice-aajc.org		6098021874
Party name: Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality
Brendan Colin Benedict
    Counsel of Record		Benedict Law Group PLLC
322 G St. NE
Washington, DC 20002

brendan@benedictlawgroup.com		2122879501
Party name: Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality
Jonathan Andrew Berry
    Counsel of Record		Boyden Gray PLLC
800 Connecticut Ave NW
Suite 900
Washington, DC 20006

jberry@boydengray.com		2029550620
Party name: American Free Enterprise Chamber of Commerce
Thomas Arthur Berry
    Counsel of Record		Cato Institute
1000 Massachusetts Ave., NW
Washington, DC 20001

tberry@cato.org		(202) 789-5202
Party name: Cato Institute
Theodore J. Boutrous Jr.
    Counsel of Record		Gibson, Dunn & Crutcher LLP
333 South Grand Ave.
Los Angeles, CA 90071

TBOUTROUS@GIBSONDUNN.COM		(213) 229-7804
Party name: Members of Congress
Peter Charles Choharis
    Counsel of Record		The Choharis Law Group
1300 19th Street NW
Suite 620
Washington, DC 20036

peter@choharislaw.com		2024228312
Party name: Foundation for Defense of Democracies
Robert Lawrence Corn-Revere
    Counsel of Record		Foundation for Individual Rights and Expression
700 Pennsylvania Ave. SE
Suite 340
Washington, DC 20003

bob.corn-revere@thefire.org		215-717-3473
Party name: Foundation for Individual Rights and Expression, et al.
Christian Brian Corrigan
    Counsel of Record		Montana Department of Justice
215 N Sanders
Helena, MT 59620

Christian.CORRIGAN@MT.GOV		406-444-2026
Party name: States of Montana, Virginia, et al.
Mark Simon Davies
    Counsel of Record		White & Case LLP
701 Thirteenth Street Northwest
Washington, DC 20005

mark.davies@whitecase.com		202-626-3600
Party name: National Security Professors Aaronson, Edgar, and Klein
Catherine Rachel Gellis
    Counsel of Record		Attorney at Law
3020 Bridgeway #247
Sausalito, CA 94965

CATHY@CGCOUNSEL.COM		2026422849
Party name: Floor64, Inc. d/b/a The Copia Institute
Michael Julian Gottlieb
    Counsel of Record		Willkie Farr & Gallagher LLP
1875 K Street NW
Washington, DC 20006

MGOTTLIEB@WILLKIE.COM		2023031442
Party name: First Amendment and Internet Law Professors
Jameel Jaffer
    Counsel of Record		Knight First Amendment Institute
475 Riverside Drive
Suite 302
New York, NY 10115

jameel.jaffer@knightcolumbia.org		6467458500
Party name: Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center
Thomas Michael Johnson Jr.
    Counsel of Record		Wiley Rein LLP
2050 M Street NW
Washington, DC 20036

TMJOHNSON@WILEY.LAW		2027194550
Party name: Former Federal Communications Commission and Treasury Officials
Thomas Michael Johnson Jr.
    Counsel of Record		Wiley Rein LLP
2050 M Street NW
Washington, DC 20036

TMJOHNSON@WILEY.LAW		2027194550
Party name: Chairman of the Select Committee on the CCP John R. Moolenaar and Ranking Member Raja Krishnamoorthi
Matt Khoi Nguyen
    Counsel of Record		Cooley LLP
1299 Pennsylvania Ave., NW, Suite 700
Washington, DC 20004

mnguyen@cooley.com		202-842-7800
Party name: Social and Racial Justic Nonprofits
Chris Santospirito
    Counsel of Record		Holz Family Law
1375 Jackson Street, Suite 304
Fort Myers, FL 33901

chris@flafamilylaw.com		2393323400
Party name: Chris Santospirito, Melissa Santospirito, & Laura Santospirito
D. John Sauer
    Counsel of Record		James Otis Law Group, LLC
13321 North Outer Forty Road
Suite 300
St. Louis, MO 63017

John.Sauer@james-otis.com		314-562-0031
Party name: President Donald J. Trump
Arnon D. Siegel655 Avenue of the Americas
Suite 3-D
New York, NY 10010

arnon.siegel@gmail.com		2024604236
Party name: Foundation for Defense of Democracies
Mahesha Padmanabhan Subbaraman
    Counsel of Record		Subbaraman PLLC
80 S. 8th St., Suite 900
Minneapolis, MN 55402

MPS@SUBBLAW.COM		612-315-9210
Party name: The Forum for Constitutional Rights
Joel L Thayer
    Counsel of Record		Thayer, PLLC
1255 Union Street NE, Seventh Floor
Washington, DC 20002

jthayer@thayer.tech		7606680934
Party name: The Campaign for Uyghurs, The Committee for Freedom in Hong Kong, Hong Kong Watch, International Campaign for Tibet, Uyghur American Association, Uyghur Human Rights Project, and Victims of Communism Memorial Foundation
Joel L Thayer
    Counsel of Record		Thayer, PLLC
1255 Union Street NE, Seventh Floor
Washington, DC 20002

jthayer@thayer.tech		7606680934
Party name: Zephyr Teachout and Joel Thayer
Patrick Christopher Toomey
    Counsel of Record		American Civil Liberties Union Foundation
125 Broad St., Fl. 17
New York, NY 10004

PTOOMEY@ACLU.ORG		212-519-7816
Party name: American Civil Liberties Union, Electronic Frontier Foundation, Center for Democracy & Technology, Freedom of the Press Foundation, Information Technology and Innovation Foundation, Progressive Policy Institute, Fight for the Future, and Public Knowledge
Anne Margaret Voigts
    Counsel of Record		Pillsbury Winthrop Shaw Pittman
2550 Hanover Street
Palo Alto, CA 94304

AVOIGTS@KSLAW.COM		650-233-4075
Party name: Professor Milton Mueller
John Marc Wheat
    Counsel of Record		Advancing American Freedom, Inc.
801 Pennsylvania Ave., NW
Suite 930
Washington, DC 20004-2729

MWHEAT@ADVANCINGAMERICANFREEDOM.COM		(202) 780-4848
Party name: Advancing American Freedom