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
Questions Presented
DATE PROCEEDINGS AND ORDERS
Dec 16 2024 Application (24A587) for injunction pending review, submitted to The Chief Justice.
Main Document Lower Court Orders/Opinions Proof of Service
Dec 16 2024 Petition for a writ of certiorari filed.
Dec 16 2024 Brief amicus curiae of Professor Matthew Steilen filed.
Main Document Proof of Service
Dec 17 2024 Brief amicus curiae of Foundation for Individual Rights and Expression, Institute for
Justice, and Reason Foundation filed.
Main Document Proof of Service
Dec 17 2024 Brief amicus curiae of American Civil Liberties Union, et al. filed.
Main Document Certificate of Word Count Proof of Service
Dec 18 2024 Brief amicus curiae of Senator Mitch McConnell filed.
Main Document Proof of Service
Dec 18 2024 Application (24A587) referred to the Court.
Dec 18 2024 Petition GRANTED.
Dec 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.
Dec 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.”
Dec 18 2024 SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025
Dec 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.
Dec 23 2024 Letter of petitioners TikTok Inc., et al. filed. VIDED.
Main Document
Dec 23 2024 Amicus brief of Advancing American Freedom not accepted for filing. (December
27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Dec 23 2024 Brief amicus curiae of Advancing American Freedom in support of respondent filed
(December 27, 2024). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of
Service Proof of Service
Dec 26 2024 Record requested from the United States Court of Appeals for the District of
Columbia Circuit.
Dec 27 2024 Joint appendix (2 volumes) filed. VIDED. (Distributed)
Main Document Main Document Proof of Service
Dec 27 2024 Brief of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
Main Document Proof of Service Certificate of Word Count
Dec 27 2024 Brief of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Main Document Other Certificate of Word Count Proof of
Service
Dec 27 2024 Motion for divided argument filed by petitioners. VIDED.
Main Document Proof of Service
Dec 27 2024 Brief of respondent Merrick B. Garland, Attorney General filed. VIDED.
(Distributed)
Main Document Proof of Service
Dec 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.)
Dec 27 2024 Brief amicus curiae of The Forum for Constitutional Rights in support of neither
party filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amicus curiae of President Donald J. Trump in support of neither party filed.
VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Members of Congress in support of petitioners filed. VIDED.
(Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of American Civil Liberties Union, et al. in support of petitioners
filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amicus curiae of Cato Institute in support of petitioners filed. VIDED.
(Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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.)
Dec 27 2024 Brief amici curiae of Knight First Amendment Institute at Columbia University, et al.
in support of petitioners filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Floor64, Inc. d/b/a The Copia Institute in support of petitioners
filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Chris Santospirito, et al. in support of petitioners filed. VIDED.
(Distributed)
Main Document Certificate of Word Count Proof of
Service Main Document
Dec 27 2024 Brief amici curiae of National Security Professors Aaronson, Edgar, and Klein in
support of petitioners filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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.)
Dec 27 2024 Brief amici curiae of First Amendment and Internet Law Professors in support of
petitioners filed (as to 24-656). (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amicus curiae of Professor Milton Mueller in support of petitioners filed.
VIDED. (Distributed)
Main Document Proof of Service Certificate of Word Count
Dec 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.)
Dec 27 2024 Brief amici curiae of Social and Racial Justice Nonprofits in support of petitioners
filed (December 30, 2024). VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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.)
Dec 27 2024 Brief amici curiae of Foundation for Individual Rights and Expression, et al. in
support of petitioners filed (December 31, 2024). (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of The Campaign for Uyghurs, et al. in support of respondent
filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Zephyr Teachout and Joel Thayer in support of respondent
filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amicus curiae of American Free Enterprise Chamber of Commerce in support
of respondent filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Montana, et al. in support of respondent filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Former National Security Officials in support of respondent
filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 27 2024 Brief amici curiae of Former Federal Communications Commission and Treasury
Officials in support of respondent filed. VIDED. (Distributed)
Main Document Certificate of Word Count Proof of Service
Dec 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.)
Dec 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)
Main Document Certificate of Word Count Proof of Service
Dec 31 2024 Motion for divided argument filed by petitioners GRANTED. VIDED.
Dec 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.
Main Document Proof of Service
Jan 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.
Jan 03 2025 Reply of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656).
(Distributed)
Main Document Certificate of Word Count Proof of Service
Jan 03 2025 Reply of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Main Document Certificate of Word Count Proof of Service
Jan 03 2025 Reply of respondent Merrick B. Garland, Attorney General filed. VIDED.
(Distributed)
Main Document Proof of Service
Jan 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.
Jan 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.
Jan 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.
NAME ADDRESS PHONE
Attorneys for Petitioners
Jeffrey L. Fisher O'Melveny & Myers LLP (650) 473-2600
Counsel of Record 2765 Sand Hill Road
Menlo Park, CA 94025
JLFISHER@OMM.COM
Party name: Brian Firebaugh, et al.
Noel John Francisco Jones Day (202) 879-3939
Counsel of Record 51 Louisiana Avenue, NW
Washington, DC 20001
NJFRANCISCO@JONESDAY.COM
Party name: TikTok Inc. and ByteDance Ltd.
Jacob H. Huebert Liberty Justice Center 512-481-4400
Counsel of Record 7500 Rialto Blvd.
Suite 1-250
Austin, TX 78735
JHUEBERT@ljc.org
Party name: BASED Politics, Inc.
Attorneys for Respondent
Elizabeth B. Prelogar Solicitor General 202-514-2217
Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
SUPREMECTBRIEFS@USDOJ.GOV
Party name: Garland, Merrick
Other
Thomas Ryan McCarthy Consovoy McCarthy PLLC 7032439423
Counsel of Record 1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
TOM@CONSOVOYMCCARTHY.COM
Party name: Former National Security Officials
Noah Butsch Baron Asian Americans Advancing Justice | AAJC 6098021874
1620 L Street NW
Suite 1050
Washington, DC 200036
nbaron@advancingjustice-aajc.org
Party name: Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality
Brendan Colin Benedict Benedict Law Group PLLC 2122879501
Counsel of Record 322 G St. NE
Washington, DC 20002
brendan@benedictlawgroup.com
Party name: Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality
Jonathan Andrew Berry Boyden Gray PLLC 2029550620
Counsel of Record 800 Connecticut Ave NW
Suite 900
Washington, DC 20006
jberry@boydengray.com
Party name: American Free Enterprise Chamber of Commerce
Thomas Arthur Berry Cato Institute (202) 789-5202
Counsel of Record 1000 Massachusetts Ave., NW
Washington, DC 20001
tberry@cato.org
Party name: Cato Institute
Theodore J. Boutrous Jr. Gibson, Dunn & Crutcher LLP (213) 229-7804
Counsel of Record 333 South Grand Ave.
Los Angeles, CA 90071
TBOUTROUS@GIBSONDUNN.COM
Party name: Members of Congress
Peter Charles Choharis The Choharis Law Group 2024228312
Counsel of Record 1300 19th Street NW
Suite 620
Washington, DC 20036
peter@choharislaw.com
Party name: Foundation for Defense of Democracies
Robert Lawrence Corn-Revere Foundation for Individual Rights and Expression 215-717-3473
Counsel of Record 700 Pennsylvania Ave. SE
Suite 340
Washington, DC 20003
bob.corn-revere@thefire.org
Party name: Foundation for Individual Rights and Expression, et al.
Christian Brian Corrigan Montana Department of Justice 406-444-2026
Counsel of Record 215 N Sanders
Helena, MT 59620
Christian.CORRIGAN@MT.GOV
Party name: States of Montana, Virginia, et al.
Mark Simon Davies White & Case LLP 202-626-3600
Counsel of Record 701 Thirteenth Street Northwest
Washington, DC 20005
mark.davies@whitecase.com
Party name: National Security Professors Aaronson, Edgar, and Klein
Catherine Rachel Gellis Attorney at Law 2026422849
Counsel of Record 3020 Bridgeway #247
Sausalito, CA 94965
CATHY@CGCOUNSEL.COM
Party name: Floor64, Inc. d/b/a The Copia Institute
Michael Julian Gottlieb Willkie Farr & Gallagher LLP 2023031442
Counsel of Record 1875 K Street NW
Washington, DC 20006
MGOTTLIEB@WILLKIE.COM
Party name: First Amendment and Internet Law Professors
Jameel Jaffer Knight First Amendment Institute 6467458500
Counsel of Record 475 Riverside Drive
Suite 302
New York, NY 10115
jameel.jaffer@knightcolumbia.org
Party name: Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center
Thomas Michael Johnson Jr. Wiley Rein LLP 2027194550
Counsel of Record 2050 M Street NW
Washington, DC 20036
TMJOHNSON@WILEY.LAW
Party name: Former Federal Communications Commission and Treasury Officials
Thomas Michael Johnson Jr. Wiley Rein LLP 2027194550
Counsel of Record 2050 M Street NW
Washington, DC 20036
TMJOHNSON@WILEY.LAW
Party name: Chairman of the Select Committee on the CCP John R. Moolenaar and Ranking Member Raja Krishnamoorthi
Matt Khoi Nguyen Cooley LLP 202-842-7800
Counsel of Record 1299 Pennsylvania Ave., NW, Suite 700
Washington, DC 20004
mnguyen@cooley.com
Party name: Social and Racial Justic Nonprofits
Chris Santospirito Holz Family Law 2393323400
Counsel of Record 1375 Jackson Street, Suite 304
Fort Myers, FL 33901
chris@flafamilylaw.com
Party name: Chris Santospirito, Melissa Santospirito, & Laura Santospirito
D. John Sauer James Otis Law Group, LLC 314-562-0031
Counsel of Record 13321 North Outer Forty Road
Suite 300
St. Louis, MO 63017
John.Sauer@james-otis.com
Party name: President Donald J. Trump
Arnon D. Siegel 655 Avenue of the Americas 2024604236
Suite 3-D
New York, NY 10010
arnon.siegel@gmail.com
Party name: Foundation for Defense of Democracies
Mahesha Padmanabhan Subbaraman PLLC 612-315-9210
Subbaraman 80 S. 8th St., Suite 900
Counsel of Record Minneapolis, MN 55402
MPS@SUBBLAW.COM
Party name: The Forum for Constitutional Rights
Joel L Thayer Thayer, PLLC 7606680934
Counsel of Record 1255 Union Street NE, Seventh Floor
Washington, DC 20002
jthayer@thayer.tech
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 Thayer, PLLC 7606680934
Counsel of Record 1255 Union Street NE, Seventh Floor
Washington, DC 20002
jthayer@thayer.tech
Party name: Zephyr Teachout and Joel Thayer
Patrick Christopher Toomey American Civil Liberties Union Foundation 212-519-7816
Counsel of Record 125 Broad St., Fl. 17
New York, NY 10004
PTOOMEY@ACLU.ORG
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 Pillsbury Winthrop Shaw Pittman 650-233-4075
Counsel of Record 2550 Hanover Street
Palo Alto, CA 94304
AVOIGTS@KSLAW.COM
Party name: Professor Milton Mueller
John Marc Wheat Advancing American Freedom, Inc. (202) 780-4848
Counsel of Record 801 Pennsylvania Ave., NW
Suite 930
Washington, DC 20004-2729
MWHEAT@ADVANCINGAMERICANFREEDOM.COM
Party name: Advancing American Freedom
