Argued September 16, 2024 Decided December 6, 2024

No. 24-1113

TIKTOK INC. AND BYTEDANCE LTD., PETITIONERS

v.

MERRICK B. GARLAND, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENT

Consolidated with 24-1130, 24-1183

On Petitions for Review of Constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act

Andrew J. Pincus argued the cause for TikTok Petitioners. With him on the briefs were Avi M. Kupfer, Alexander A. Berengaut, David M. Zionts, Megan A. Crowley, and John E. Hall.

Jeffrey L. Fisher argued the cause for Creator Petitioners. With him on the briefs were Ambika Kumar, Tim Cunningham, 2 Xiang Li, Elizabeth A. McNamara, Chelsea T. Kelly, James R. Sigel, Adam S. Sieff, and Joshua Revesz.

Jacob Huebert and Jeffrey M. Schwab were on the briefs for petitioner BASED Politics, Inc.

David Greene was on the brief for amici curiae Electronic Frontier Foundation, et al. in support of petitioners.

Jameel Jaffer and Eric Columbus were on the brief for amici curiae the Knight First Amendment Institute at Columbia University, et al. in support of petitioners.

Edward Andrew Paltzik and Serge Krimnus were on the brief for amicus curiae HungryPanda US, Inc. in support of petitioners.

Matt K. Nguyen, Travis LeBlanc, Robert H. Denniston, Kathleen R. Hartnett, and Jamie D. Robertson were on the brief for amici curiae Social and Racial Justice Community Nonprofits in support of petitioners.

Nicholas Reddick and Meryl Conant Governski were on the brief for amici curiae First Amendment Law Professors in support of petitioners.

Thomas A. Berry was on the brief for amicus curiae the Cato Institute in support of petitioners.

Mark Davies, Ethan L. Plail, and Edred Richardson were on the brief for amici curiae Professors Mueller, Edgar, Aaronson, and Klein in support of petitioners.

Aaron D. Van Oort was on the brief for amicus curiae Professor Matthew Steilen in support of petitioners. 3 Daniel Tenny, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, Brian D. Netter, Deputy Assistant Attorney General, Mark R. Freeman, Sharon Swingle, Casen B. Ross, Sean R. Janda, and Brian J. Springer, Attorneys, Matthew G. Olsen, Assistant Attorney General for National Security, Tyler J. Wood, Deputy Chief, Foreign Investment Review Section, and Tricia Wellman, Acting General Counsel, Office of the Director of National Intelligence.

Thomas R. McCarthy was on the brief for amici curiae Former National Security Officials in support of respondent.

Joel L. Thayer was on the brief for amici curiae Campaign for Uyghurs, et al. in support of respondent.

Joel L. Thayer was on the brief for amici curiae Zephyr Teachout, et al. in support of respondent.

Thomas M. Johnson, Jr., Jeremy J. Broggi, and Joel S. Nolette were on the brief for amici curiae Chairman of the Select Committee on the CCP John R. Moolenaar, et al. in support of respondent.

David H. Thompson, Brian W. Barnes, and Megan M. Wold were on the brief for amicus curiae Professor D. Adam Candeub in support of respondent.

Thomas M. Johnson, Jr., Jeremy J. Broggi, and Michael J. Showalter were on the brief for amici curiae Former Chairman of the Federal Communications Commission Ajit V. Pai and Former Assistant Secretary of the Treasury for Investment Security Thomas P. Feddo in support of respondent. 4 Jonathan Berry, Michael Buschbacher, Jared M. Kelson, James R. Conde, and William P. Barr were on the brief for amicus curiae American Free Enterprise Chamber of Commerce in support of respondent.