Can the Government Shut Down TikTok or Force its Sale? (TikTok Inc. v. Merrick Garland)

Episode 22: TikTok Inc. V. Merrick Garland

TikTok Inc. v. Merrick Garland, argued before the Supreme Court of the United States on January 10, 2025. Argued by Noel Francisco (on behalf of TikTok, Inc. and ByteDance, Ltd.) and Jeffrey Fisher (on behalf of Creator Petitioners Brian Firebaugh, et al.), and Elizabeth Prelogar, Solicitor General of the United States (on behalf of Merrick Garland).

Background on the case: Adam Feldman’s “The Universe of TikTok v. Garland in a Nutshell” contains an excellent synopsis of relevant facts and procedural history.

Question Presented:

Whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.

Resources:

• Full Supreme Court case docket for TikTok v. Garland
• Free Speech Arguments Podcast episode on D.C. Circuit version of TikTok v. Garland
• Brief for petitioners TikTok, Inc. and ByteDance, Ltd.
• Brief for petitioners Brian Firebaugh, et al.
• Brief for the respondent
  

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