The Universe of TikTok v. Garland in a Nutshell
Everything you want to know about the case boiled down into a few pages1) Top line points:
- The Supreme Court will hear oral arguments on January 10 in TikTok’s appeal against a federal law requiring the app to cease U.S. operations unless its Chinese parent company, ByteDance, divests its U.S. arm by January 19.
- The expedited case, fast-tracked without initial input from the Biden administration, is at the epicenter of a clash between national security concerns and free speech protections. Congress passed the law, citing the threat posed by foreign-controlled apps, while TikTok argues the ban would silence a major platform for expression used by 170 million Americans.
- Previously upheld by the D.C. Circuit Court, the law was deemed a carefully targeted response to national security risks, but TikTok maintains it violates the First Amendment.
- Represented by former U.S. Solicitor General Noel Francisco, TikTok has urged the court to delay enforcement to allow the incoming Trump administration to weigh in.
- Both parties are required to submit briefs before January, reflecting the urgency and significance of the dispute.
What is covered below? The legislation in question, lower court opinions, the application for the injunction / petition for certiorari, amicus briefs filed in the case, and third party commentary
