Supreme Court of the United States · Official docket →
TikTok Inc., et al. v. Merrick B. Garland, Attorney General
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-1113 · judgment December 6, 2024
Decided · January 17, 2025
Pre-decision estimate: 38% cert probability (95% interval 26%–52%)
Before the decision, about 9.2× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a D.C. Circuit decision below.
Question presented
Consolidated with 24-657. 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.
Counsel of record
For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
—
Amicus briefs
3 cert-stage · 24 merits
(15 supporting pet./neither, 9 respondent)
Argument & decision
Argued January 10, 2025 — Noel J. Francisco · Jeffrey L. Fisher · Elizabeth B. Prelogar. Audio and transcript
Decided January 17, 2025.
Proceedings
- Feb 18 2025Judgment Issued.
- 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.
- 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 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 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)
- Jan 03 2025Reply of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
- Jan 03 2025Reply of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
- 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.
- Dec 27 2024Joint appendix (2 volumes) filed. VIDED. (Distributed)
- Dec 27 2024Brief of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
- Dec 27 2024Brief of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
- Dec 27 2024Motion for divided argument filed by petitioners. VIDED.
- Dec 27 2024Brief of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
- 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)
- 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)
- Dec 27 2024Brief amicus curiae of President Donald J. Trump in support of neither party filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of Members of Congress in support of petitioners filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of American Civil Liberties Union, et al. in support of petitioners filed. VIDED. (Distributed)
- Dec 27 2024Brief amicus curiae of Cato Institute in support of petitioners filed. VIDED. (Distributed)
- 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)
- Dec 27 2024Brief amici curiae of Floor64, Inc. d/b/a The Copia Institute in support of petitioners filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of Chris Santospirito, et al. in support of petitioners filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of National Security Professors Aaronson, Edgar, and Klein in support of petitioners filed. VIDED. (Distributed)
- 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)
- Dec 27 2024Brief amicus curiae of Professor Milton Mueller in support of petitioners filed. VIDED. (Distributed)
- 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)
- 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)
- Dec 27 2024Brief amici curiae of The Campaign for Uyghurs, et al. in support of respondent filed. VIDED. (Distributed)
- 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)
- Dec 27 2024Brief amici curiae of Zephyr Teachout and Joel Thayer in support of respondent filed. VIDED. (Distributed)
- Dec 27 2024Brief amicus curiae of American Free Enterprise Chamber of Commerce in support of respondent filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of Montana, et al. in support of respondent filed. VIDED.
- Dec 27 2024Brief amici curiae of Former National Security Officials in support of respondent filed. VIDED. (Distributed)
- Dec 27 2024Brief amici curiae of Former Federal Communications Commission and Treasury Officials in support of respondent filed. VIDED. (Distributed)
- 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)
- Dec 26 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Dec 23 2024Letter of petitioners TikTok Inc., et al. filed. VIDED.
- 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)
- 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 18 2024Brief amicus curiae of Senator Mitch McConnell filed.
- 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 17 2024Brief amicus curiae of Foundation for Individual Rights and Expression, Institute for Justice, and Reason Foundation filed.
- Dec 17 2024Brief amicus curiae of American Civil Liberties Union, et al. filed.
- Dec 16 2024Application (24A587) for injunction pending review, submitted to The Chief Justice.
- Dec 16 2024Petition for a writ of certiorari filed.
- Dec 16 2024Brief amicus curiae of Professor Matthew Steilen filed.