TikTok, Inc. v. Garland

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TikTok, Inc. v. Garland | |
Term: 2024 | |
Important Dates | |
Argued: January 10, 2025 Decided: January 17, 2025 | |
Outcome | |
affirmed | |
Vote | |
9-0 | |
Majority | |
Per curiam |
TikTok, Inc. v. Garland is a case that was decided by the Supreme Court of the United States on January 17, 2025, during the court's October 2024-2025 term. The case was argued on January 10, 2025.
The Court affirmed the decision of the United States Court of Appeals for the District of Columbia Circuit in a 9-0 ruling, holding that the Protecting Americans from Foreign Adversary Controlled Applications Act did not violate the First Amendment. The Court issued a per curiam opinion.[1] Click here for more information about the ruling.
The case came on a writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. To review the lower court's opinion, click here.
Background
Case summary
The following are the parties to this case:[3]
- Petitioner: TikTok Inc. and ByteDance Ltd
- Legal counsel: Noel J. Francisco (Jones Day)
- Respondent: Merrick B. Garland, Attorney General
- Legal counsel: Elizabeth B. Prelogar (United States Solicitor General)
The following summary of the case was published by Oyez.[4]
“ | TikTok is a social media platform with approximately 170 million monthly U.S. users that allows users to create and watch short video clips. The platform’s content is determined by a recommendation engine originally developed by ByteDance, a China-based company that is TikTok’s ultimate parent. While TikTok created a U.S. subsidiary (TTUSDS) and partnered with Oracle to handle U.S. operations and data security, ByteDance retains significant control over the platform's global operations and source code development.
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” |
To learn more about this case, see the following:
Timeline
The following timeline details key events in this case:
- January 17, 2025: The Court affirmed the decision of the United States Court of Appeals for the District of Columbia Circuit in a 9-0 ruling, holding that the Protecting Americans from Foreign Adversary Controlled Applications Act did not violate the First Amendment.
- January 10, 2025: The U.S. Supreme Court heard oral argument.
- December 18, 2024: The U.S. Supreme Court agreed to hear the case.
- December 16, 2024: TikTok, Inc., et al. appealed to the U.S. Supreme Court.
- December 6, 2024: The United States Court of Appeals for the District of Columbia Circuit held that TikTok
Questions presented
The petitioner presented the following questions to the court:[2]
Questions presented:
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Oral argument
Audio
Audio of oral argument:[6]
Transcript
Transcript of oral argument:[7]
Outcome
In a per curiam opinion, the court affirmed the judgment of the United States Court of Appeals for the District of Columbia Circuit, holding that the Protecting Americans from Foreign Adversary Controlled Applications Act did not violate the First Amendment.[1]
Opinion
In the court's per curiam opinion, the Court wrote:[1]
“ |
There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.[5] |
” |
Text of the opinion
Read the full opinion here.
October term 2024-2025
The Supreme Court began hearing cases for the term on October 7, 2024. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions in mid-June.[8]
See also
External links
- Search Google News for this topic
- U.S. Supreme Court docket file - TikTok, Inc. v. Garland (petitions, motions, briefs, opinions, and attorneys)
- SCOTUSblog case file for TikTok, Inc. v. Garland
Footnotes
- ↑ 1.0 1.1 1.2 Supreme Court of the United States, "TIKTOK INC., ET AL., PETITIONERS v. MERRICK B. GARLAND, ATTORNEY GENERAL / BRIAN FIREBAUGH, ET AL., PETITIONERS 24–657 v. MERRICK B. GARLAND, ATTORNEY GENERAL," January 17, 2025
- ↑ 2.0 2.1 Supreme Court of the United States, "24-656 TIKTOK, INC. V. GARLAND QP", December 18, 2024
- ↑ Supreme Court of the United States, "No. 24-656accessed 45646
- ↑ Oyez, TikTok, Inc. v. Garland," accessed January 14, 2024
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Supreme Court of the United States, "Oral Argument - Audio," argued January 10, 2025
- ↑ Supreme Court of the United States, "Oral Argument - Transcript," argued January 10, 2025
- ↑ SupremeCourt.gov, "The Supreme Court at Work: The Term and Caseload," accessed January 24, 2022