U.S. Supreme Court Agrees to Hear TikTok Appeal

The U.S. Supreme Court has announced that it will hear ByteDance's appeal of legislation set to 'ban' its popular TikTok app next month.

Earlier this month, the United States Court of Appeals for the District of Columbia Circuit unanimously ruled to deny to ByteDance's challenge to the Protecting Americans from Foreign Adversary Controlled Applications Act. That legislation requires ByteDance divest itself of TikTok by January 19, 2025.

ByteDance appealed the ruling to the Supreme Court and today the court agreed to hear the case.


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Consideration of the application 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 case is consolidated [with 24-657(24A588)], 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.
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TikTok's fate is hanging by a thread. With oral arguments before the Supreme Court scheduled for January 10th, just nine days before the law is set to take effect on January 19th, the timeline leaves little room for a resolution before the deadline.


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