from the United States Court of Appeals for the District of Columbia Circuit
See other cases from the District of Columbia Circuit.
Judgment Issued.
Adjudged to be AFFIRMED. Sotomayor, J., filed an <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-656_new_3dq3.pdf'>opinion</a> concurring in part and concurring in the judgment. Gorsuch, J., filed an <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-656_new_3dq3.pdf'>opinion</a> concurring in the judgment. VIDED.
Argued. For petitioners TikTok Inc., et al.: Noel J. Francisco, Washington, D. C. For petitioners Firebaugh, et al.: Jeffrey L. Fisher, Melo Park, Cal. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. VIDED.
Motion leave to file out of time, for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument DENIED.
Reply of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. Sealed record material electronically received and available with the Clerk.
Reply of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
Reply of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Motion for divided argument filed by petitioners GRANTED. VIDED.
Motion for leave to file out of time, for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed by The Forum for Constitutional Rights. VIDED.
Brief amicus curiae of Professor Milton Mueller in support of petitioners filed. VIDED. (Distributed)
Amicus brief of Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Brief amici curiae of National Security Professors Aaronson, Edgar, and Klein in support of petitioners filed. VIDED. (Distributed)
Amicus brief of First Amendment and Internet Law Professors not accepted for filing. (December 27, 2024 - notified by counsel corrected electronic and paper format to be submitted.)
Brief amici curiae of First Amendment and Internet Law Professors in support of petitioners filed (as to 24-656). (Distributed)
Amicus brief of Social and Racial Justice Nonprofits not accepted for filing. (December 27, 2024 - corrected electronic and paper format to be submitted.)
Brief amici curiae of Social and Racial Justice Nonprofits in support of petitioners filed (December 30, 2024). VIDED. (Distributed)
Amicus brief of Foundation for Individual Rights and Expression, et al. not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with correct proof of service.)
Brief amici curiae of Foundation for Individual Rights and Expression, et al. in support of petitioners filed (December 31, 2024). (Distributed)
Brief amici curiae of The Campaign for Uyghurs, et al. in support of respondent filed. VIDED. (Distributed)
Brief amici curiae of Chairman of the Select Committee on the CCP John R. Moolenaar, et al. in support of respondent filed. VIDED. (Distributed)
Brief amici curiae of Zephyr Teachout and Joel Thayer in support of respondent filed. VIDED. (Distributed)
Brief amicus curiae of American Free Enterprise Chamber of Commerce in support of respondent filed. VIDED. (Distributed)
Brief amici curiae of Montana, et al. in support of respondent filed. VIDED.
Brief amici curiae of Former National Security Officials in support of respondent filed. VIDED. (Distributed)
Brief amici curiae of Former Federal Communications Commission and Treasury Officials in support of respondent filed. VIDED. (Distributed)
Amicus brief of Foundation for Defense of Democracies not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Brief amicus curiae of Foundation for Defense of Democracies in support of respondent filed (corrected electronic brief and proof of service received - December 31, 2024). VIDED. (Distributed)
Joint appendix (2 volumes) filed. VIDED. (Distributed)
Brief of petitioners TikTok Inc. and ByteDance Ltd. filed (as to 24-656). (Distributed)
Brief of petitioners Brian Firebaugh, et al. filed (as to 24-657). (Distributed)
Motion for divided argument filed by petitioners. VIDED.
Brief of respondent Merrick B. Garland, Attorney General filed. VIDED. (Distributed)
Amicus brief of The Forum for Constitutional Rights not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Brief amicus curiae of The Forum for Constitutional Rights in support of neither party filed. VIDED. (Distributed)
Brief amici curiae of Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality in support of neither party filed. VIDED. (Distributed)
Brief amicus curiae of President Donald J. Trump in support of neither party filed. VIDED. (Distributed)
Brief amici curiae of Members of Congress in support of petitioners filed. VIDED. (Distributed)
Brief amici curiae of American Civil Liberties Union, et al. in support of petitioners filed. VIDED. (Distributed)
Brief amicus curiae of Cato Institute in support of petitioners filed. VIDED. (Distributed)
Brief amici curiae of Knight First Amendment Institute at Columbia University, et al. in support of petitioners filed. VIDED. (Distributed)
Brief amici curiae of Floor64, Inc. d/b/a The Copia Institute in support of petitioners filed. VIDED. (Distributed)
Brief amici curiae of Chris Santospirito, et al. in support of petitioners filed. VIDED. (Distributed)
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Letter of petitioners TikTok Inc., et al. filed. VIDED.
Amicus brief of Advancing American Freedom not accepted for filing. (December 27, 2024 - incomplete submission; to be resubmitted with proof of service.)
Brief amicus curiae of Advancing American Freedom in support of respondent filed (December 27, 2024). VIDED. (Distributed)
Any motion pertaining to the oral argument in these cases shall be filed on or before 5 p.m. (EST), Friday, December 27, 2024.
Petition GRANTED.
Consideration of the application (24A587) 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 petition for a writ of certiorari in No. 24-657 (24A588) is granted. The cases are consolidated, 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. VIDED.
Application (24A587) referred to the Court.
SET FOR ARGUMENT at 10 a.m., Friday, January 10, 2025
Brief amicus curiae of Senator Mitch McConnell filed.
Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 24-656. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-656. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Brief amicus curiae of American Civil Liberties Union, et al. filed.
Brief amicus curiae of Foundation for Individual Rights and Expression, Institute for Justice, and Reason Foundation filed.
Application (24A587) for injunction pending review, submitted to The Chief Justice.
Brief amicus curiae of Professor Matthew Steilen filed.
Petition for a writ of certiorari filed.
BASED Politics, Inc., Petitioner, represented by Jacob H. Huebert
Brian Firebaugh, et al. , Petitioner, represented by Jeffrey L. Fisher
TikTok Inc. and ByteDance Ltd., Petitioner, represented by Noel John Francisco
Garland, Merrick, Respondent, represented by Elizabeth B. Prelogar
Advancing American Freedom, Amicus Curiae, represented by John Marc Wheat
American Civil Liberties Union, Electronic Frontier Foundation, Center for Democracy & Technology, Freedom of the Press Foundation, Information Technology and Innovation Foundation, Progressive Policy Institute, Fight for the Future, and Public Knowledge, Amicus Curiae, represented by Patrick Christopher Toomey
American Free Enterprise Chamber of Commerce, Amicus Curiae, represented by Jonathan Andrew Berry
Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality, Amicus Curiae, represented by Noah Butsch Baron
Asian Americans Advancing Justice | AAJC and the Fred T. Korematsu Center for Law and Equality, Amicus Curiae, represented by Brendan Colin Benedict
Cato Institute, Amicus Curiae, represented by Thomas Arthur Berry
Chairman of the Select Committee on the CCP John R. Moolenaar and Ranking Member Raja Krishnamoorthi, Amicus Curiae, represented by Thomas Michael Johnson Jr.
Chris Santospirito, Melissa Santospirito, & Laura Santospirito, Amicus Curiae, represented by Chris Santospirito
First Amendment and Internet Law Professors, Amicus Curiae, represented by Michael Julian Gottlieb
Floor64, Inc. d/b/a The Copia Institute, Amicus Curiae, represented by Catherine Rachel Gellis
Former Federal Communications Commission and Treasury Officials, Amicus Curiae, represented by Thomas Michael Johnson Jr.
Former National Security Officials, Amicus Curiae, represented by Thomas Ryan McCarthy
Foundation for Defense of Democracies, Amicus Curiae, represented by Peter Charles Choharis
Foundation for Defense of Democracies, Amicus Curiae, represented by Arnon D. Siegel
Foundation for Individual Rights and Expression, et al., Amicus Curiae, represented by Robert Lawrence Corn-Revere
Knight First Amendment Institute at Columbia University, Free Press, and Pen American Center, Amicus Curiae, represented by Jameel Jaffer
Members of Congress, Amicus Curiae, represented by Theodore J. Boutrous Jr.
National Security Professors Aaronson, Edgar, and Klein, Amicus Curiae, represented by Mark Simon Davies
President Donald J. Trump, Amicus Curiae, represented by D. John Sauer
Professor Milton Mueller, Amicus Curiae, represented by Anne Margaret Voigts
Social and Racial Justic Nonprofits, Amicus Curiae, represented by Matt Khoi Nguyen
States of Montana, Virginia, et al., Amicus Curiae, represented by Christian Brian Corrigan
The Campaign for Uyghurs, The Committee for Freedom in Hong Kong, Hong Kong Watch, International Campaign for Tibet, Uyghur American Association, Uyghur Human Rights Project, and Victims of Communism Memorial Foundation, Amicus Curiae, represented by Joel L Thayer
The Forum for Constitutional Rights, Amicus Curiae, represented by Mahesha Padmanabhan Subbaraman
Zephyr Teachout and Joel Thayer, Amicus Curiae, represented by Joel L Thayer