←  TikTok v. Garland

U.S. Supreme Court · No. 24‑656  ·  D.C. Circuit · No. 24‑1113

TikTok v. Garland

Chronological View

  1. Before the law

    This wasn’t the first try. The government had been worried about TikTok since 2018, and two Presidents had tried to deal with it.

  2. Petitioners The side that asked the court to step in

    TikTok Inc. and ByteDance Ltd.

    The app’s US company and its China-based parent

    TikTok Inc. is the California company that runs the app in the United States. Two companies further up, it’s owned by ByteDance Ltd., which is incorporated in the Cayman Islands and has its main operations in China. ByteDance owns the recommendation algorithm, which is developed and maintained in China. Its founder, Zhang Yiming, a Chinese national, owns 21 percent.

    Eight people who post on TikTok sued too, in a case of their own heard alongside this one: Brian Firebaugh, a rancher and Marine veteran, Chloe Joy Sexton, Talia Cadet, Timothy Martin, Paul Tran, Steven King, Kiera Spann and Christopher Townsend. They post about ranching, parenting and a cookie business, books, football, skincare, sober living, survivors of sexual assault, and music and faith. BASED Politics, a nonprofit that makes videos for Gen Z, joined them.

    Noel Francisco, a former Solicitor General, argued for TikTok in the Supreme Court, and Jeffrey Fisher for the creators. Andrew Pincus argued for TikTok in the D.C. Circuit.

    D.C. Cir. opinion pp. 10–11 · Opinion p. 3 · Creators’ brief pp. 5–7 · Tr. p. 2 · Jones Day, Francisco · D.C. Cir. opinion p. 1

    Respondent The side answering

    Merrick B. Garland

    Attorney General, sued in that role

    The law gives the job of enforcing it to the Attorney General and no one else, so the Attorney General was the one sued, in that role and not as a person. Garland held the office until President Biden’s term ended on January 20, 2025, and the Supreme Court’s case keeps his name. The office has since passed to Pamela Bondi, and in April 2026 to Todd Blanche, who was confirmed in August 2026.

    Elizabeth Prelogar, the Solicitor General, argued for the government in the Supreme Court, and Daniel Tenny of the Justice Department in the D.C. Circuit. Its evidence was mostly sworn statements from officials of the intelligence agencies, the FBI and the Justice Department. Some of it was classified, and neither court relied on that part.

    Pub. L. 118-50 § 2(d) · Tr. p. 2 · D.C. Cir. opinion p. 3 · Amended petition ¶ 17 · States Newsroom, Aug 8, 2026

    2018

    TikTok comes to the United States

    Having bought the lip-sync app Musical.ly, ByteDance, a Chinese tech company, merges it into TikTok and relaunches the app here.

    That purchase is where the government’s worries start. The D.C. Circuit dates the first of them to 2018, when the merged app was relaunched in the US.

    It grew fast. In 2023 alone, the Supreme Court later wrote, people in the US uploaded more than 5.5 billion videos to it, viewed more than 13 trillion times.

    D.C. Cir. opinion pp. 11–12 · Order of Aug 14, 2020 · Opinion p. 2

  3. Aug 2020

    President Trump orders TikTok banned, then sold

    On August 6 he bans dealings with ByteDance under an emergency law. On August 14 he orders it to sell TikTok’s US business.

    The first order said TikTok “automatically captures vast swaths of information from its users,” and that China could use it to “track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage.” It relied on IEEPA, a 1977 emergency powers law.

    The second followed a review by CFIUS, which had concluded on August 1 that the risks of the Musical.ly purchase couldn’t be fixed short of a sale.

    EO 13942 · Order of Aug 14, 2020 · D.C. Cir. opinion p. 12

  4. Sept – Dec 2020Granted

    Two courts block the 2020 ban

    TikTok and a group of creators sue, and federal judges in Washington and Pennsylvania stop the ban from taking effect.

    The judges found the emergency law didn’t reach “personal communication” or “informational materials,” which Congress had written out of it. The government appealed, then dropped the appeals in 2021.

    TikTok also challenged the order to sell, in the D.C. Circuit, on November 10, 2020. That case was put on hold in February 2021 while the two sides negotiated.

    TikTok’s petition ¶¶ 19–22 · D.C. Cir. opinion pp. 12–13

  5. Jun 9, 2021

    President Biden withdraws the ban

    A new order replaces Trump’s with a wider review of apps tied to foreign adversaries. The order to sell stays.

    Biden’s order named China as “a foreign adversary,” and said apps like these could give one “vast swaths of information from users.” He asked his agencies for options, including laws Congress could pass.

    EO 14034 · D.C. Cir. opinion pp. 12–13

  6. 2021 – 2022

    A 90-page deal that was never signed

    TikTok negotiates a national security agreement with CFIUS to keep US data away from ByteDance, with Oracle checking the code.

    By TikTok’s count there were at least 14 meetings or calls, nine written presentations and 15 rounds of email. The plan put US data in a separate company, TikTok U.S. Data Security, stored with Oracle, which would also inspect the source code. It even let the government shut the app off in the US in some cases, which TikTok calls a “kill switch.”

    TikTok sent its last proposal in August 2022. It built much of the plan anyway, calling it Project Texas, and says it spent more than $2 billion on it.

    D.C. Cir. opinion pp. 13–15 · TikTok’s petition ¶ 8

  7. Dec 29, 2022

    Banned on government phones

    Congress bars TikTok from federal government devices, in the year-end spending law.

    That law, the No TikTok on Government Devices Act, is still on the books. In 2026 the Justice Department decided it doesn’t cover the new TikTok.

    Pub. L. 117-328, div. R · D.C. Cir. opinion p. 13

  8. Mar 2023

    Sell, the government says

    After months of silence, TikTok says, CFIUS tells it ByteDance will have to sell the US business.

    That’s TikTok’s account, in its petition. The government’s is that the draft agreement wasn’t enough. Some US data would still flow to China, ByteDance could still control the app, and the government couldn’t trust it or watch it closely enough. “In the Executive’s view,” the D.C. Circuit wrote, “divestment was the only solution.”

    TikTok’s petition ¶ 24 · D.C. Cir. opinion p. 15

  9. The law

    Seven weeks from bill to law.

  10. Mar 13, 2024

    The House passes it, 352 to 65

    Eight days after the bill was introduced. It gives ByteDance 180 days to sell, and no extension.

    It came from the leaders of the House’s committee on China, Rep. Mike Gallagher, a Republican, and Rep. Raja Krishnamoorthi, a Democrat. The Energy and Commerce Committee voted 50 to 0 for it on March 7, the day it held a classified hearing on TikTok.

    Then it sat in the Senate.

    House roll call 86 · H. Rep. 118-417 · Opinion p. 19

  11. Apr 20, 2024

    Back, inside the foreign aid bill

    A revised version goes into the package of aid for Ukraine, Israel and the Indo-Pacific, and the House passes it 360 to 58.

    The revision gave ByteDance 270 days instead of 180, which came to January 19, 2025, the day before the next President would take office. It added one 90-day extension, but only if the President told Congress a sale was in sight, with binding agreements. No President ever used it.

    House roll call 145 · Pub. L. 118-50 § 2(a)

  12. Apr 24, 2024

    Signed into law

    The Senate passes the package 79 to 18 the day before, and President Biden signs it. ByteDance has until January 19, 2025.

    The law makes it illegal for companies in the US to offer TikTok in an app store or to host it, unless ByteDance sells it first in a qualified divestiture. That sale has to leave no operational relationship with ByteDance, and the law names the recommendation algorithm and data sharing.

    It doesn’t touch TikTok’s users. The fine falls on the app stores and web hosts, up to $5,000 for each US user, a civil penalty only the Attorney General can bring. Any challenge has to go straight to the D.C. Circuit.

    Pub. L. 118-50, div. H, 138 Stat. 955 · Opinion p. 19 · 15 U.S.C. § 9901 note

  13. In the D.C. Circuit

    Seven months from the first petition to a ruling, with no trial and no witnesses.

  14. May 7, 2024

    TikTok and ByteDance sue

    Straight to the D.C. Circuit, the only court the law allows. Their petition calls a ban “so obviously unconstitutional” that the law’s own sponsors insisted it wasn’t one.

    The petition said a sale wasn’t “commercially, technologically, or legally feasible” in 270 days, so the law really meant shutting down a platform used by 170 million Americans.

    Because the law gave the D.C. Circuit exclusive jurisdiction, there was no trial court. The appeals court would decide the case itself, on written evidence.

    TikTok’s petition ¶¶ 1–2, ¶ 26 · Pub. L. 118-50 § 3

  15. May 14, 2024

    Eight creators sue too

    People who make videos on TikTok bring a case of their own, Firebaugh v. Garland. A nonprofit, BASED Politics, follows in June.

    The law, they said, takes away their right to speak through the publisher they choose and to reach the people who follow them. The court consolidated the three cases, so they were briefed, argued and decided together.

    Creators’ D.C. Cir. brief · Order of Jun 18, 2024

  16. May 28, 2024Granted

    A fast schedule

    At both sides’ request, the court sets the briefs for the summer and argument for September.

    TikTok and the government had asked together for a ruling by December 6, 2024, to leave time for the Supreme Court before the deadline. The court ruled on exactly that day.

    Joint motion p. 9 · Order of May 28, 2024

  17. Jul 26, 2024

    The government’s brief, and its secret evidence

    The law is about who controls TikTok, not what’s on it, the government says. It asks to file part of its evidence in secret, for the judges alone.

    Its public evidence was declarations from officials of the intelligence agencies, the FBI and the Justice Department. They described China’s laws requiring companies to help its intelligence work, and a ByteDance tool called Lark that, by the government’s account, employees had used to send US user data to China.

    The classified parts were blacked out of the copy TikTok got.

    Government’s D.C. Cir. brief · Motion of Jul 26, 2024

  18. Aug 5, 2024

    TikTok objects to the secret evidence

    It can’t answer what it can’t see, TikTok says, and asks the court to strike the secret filings, or to appoint a special master with clearance to review them.

    The court never needed to choose. It let the government file the material, and then decided the case without it.

    TikTok’s opposition, Aug 5, 2024 · D.C. Cir. opinion pp. 64–65

  19. Sept 16, 2024

    Argued before three judges

    Chief Judge Sri Srinivasan and Judges Neomi Rao and Douglas Ginsburg hear TikTok, the creators and the government for about two hours.

    The court had set 50 minutes. Andrew Pincus argued for TikTok, Jeffrey Fisher for the creators, and Daniel Tenny for the government. BASED Politics gave its time to the creators.

    Judge Ginsburg pressed TikTok on how much of the app is still built in China, reading from TikTok’s own declaration. Chief Judge Srinivasan would later rest his opinion on the long history of limits on foreign control of radio.

    Minutes, Sept 16, 2024 · Order of Sept 9, 2024 · Argument audio · Tech Policy Press, Sept 17, 2024 · Srinivasan, C.J. pp. 2–5

  20. Dec 6, 2024Denied

    Upheld, three judges to none

    “The First Amendment exists to protect free speech in the United States,” Judge Ginsburg writes for the court. “Here the Government acted solely to protect that freedom from a foreign adversary nation.”

    The court said the First Amendment does apply, because TikTok Inc. is “a domestic entity operating domestically,” so “some level of heightened scrutiny is required.” Then it assumed without deciding that the hardest test, strict scrutiny, applied, and found the law passed it anyway, on both of the government’s reasons. It turned down TikTok’s three other claims too.

    Chief Judge Srinivasan agreed with the result in a concurring opinion, but would have used the middle test, intermediate scrutiny. He ended on what a failed sale would cost. Many Americans “may lose access to an outlet for expression, a source of community, and even a means of income.”

    D.C. Cir. opinion p. 65, 25, 27, 31 · Srinivasan, C.J. pp. 1, 27 · Judgment, Dec 6, 2024

  21. Dec 13, 2024Denied

    No pause while TikTok appeals

    TikTok asks the court to hold the law off while the Supreme Court looks at it. The same three judges say no.

    The challengers hadn’t pointed to a single case where a court, after upholding a law, had stopped it from taking effect while the Supreme Court was asked to review it, the judges wrote. The 270 days were “a deliberate choice on the part of the Congress and the President.”

    The same day, the leaders of the House’s China committee wrote to the heads of Apple and Google to be ready to drop TikTok from their app stores on January 19.

    Emergency motion, Dec 9, 2024 · Order of Dec 13, 2024 p. 2 · CNBC, Dec 13, 2024

  22. At the Supreme Court

    Thirty-two days from TikTok’s first filing to the ruling.

  23. Dec 16, 2024

    To the Supreme Court

    TikTok and the creators each file an emergency application, asking the justices to stop the law from taking effect until they can review it.

    They asked for an injunction pending review. TikTok had a new lawyer for this court, Noel Francisco, who had been Solicitor General in President Trump’s first term.

    Application, 24A587 · Application, 24A588 · Jones Day, Francisco

  24. Dec 18, 2024Granted

    The Court takes the case, in two days

    It treats the applications as requests to hear the case, grants them, and sets argument for January 10, nine days before the deadline.

    It agreed to answer one question, whether the law, “as applied to petitioners, violates the First Amendment.” So TikTok’s other claims, the ones it lost in the D.C. Circuit, were never taken up again.

    It put off the request to pause the law until after the argument, and gave each side nine days to file its brief and a week to answer the other’s.

    Docket, No. 24-656 · Opinion p. 2 n. 1

  25. Dec 27, 2024

    The President-elect asks for time

    Donald Trump files an amicus brief “supporting neither party,” asking the Court to put the deadline off so he can seek “a negotiated resolution” once he takes office.

    His lawyer was D. John Sauer, soon to be his Solicitor General. The brief said Trump had 14.7 million followers on TikTok, and that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will” to save the platform. In his first term he had tried to ban it.

    Trump amicus brief pp. 1–4

  26. Dec 27, 2024

    TikTok’s brief: a law aimed at speech

    Congress singled out one speaker because of what might be said on it, TikTok says, so the hardest test, strict scrutiny, has to apply.

    TikTok Inc. is an American company, it argued, and choosing which videos to show is its own speech, protected like a newspaper’s choices. It asked the Court to imagine Congress forcing Jeff Bezos to sell the Washington Post because foreign governments might pressure him.

    The creators filed their own brief the same day. The law, they said, keeps them from working with “the publisher of their choice.”

    TikTok’s brief pp. 18–23 · Creators’ brief p. 16

  27. Dec 27, 2024

    The government’s brief: about control, not content

    The law deals with the threat “not by imposing any restriction on speech, but instead by prohibiting a foreign adversary from controlling the platform,” the government says.

    ByteDance is a foreign company abroad with no free-speech rights, it argued, and “a foreign adversary abroad cannot manufacture First Amendment rights for itself by the simple expedient of using an American puppet as a mouthpiece.”

    Even if the First Amendment applies, it said, the law passes any test, because of China’s data collection on its own, and because China could secretly steer what Americans see.

    Government’s brief pp. 16–19, 21

  28. Jan 10, 2025

    TikTok argues: “shut down in nine days”

    Noel Francisco opens at 10:08 a.m. Whatever the law is called, he says, “It’s a burden on TikTok’s speech, so the First Amendment applies.”

    The justices came at him hard. Chief Justice Roberts asked if they were “supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government.” Justice Barrett said, “The law doesn’t say TikTok has to shut down. It says ByteDance has to divest.” Justice Kavanaugh called the data collection “a huge concern for the future of the country.”

    Francisco’s answer was a narrower law that would just bar TikTok Inc. from sharing users’ sensitive data with anyone. Asked what happens on January 19 if TikTok loses, he said, “we go dark.”

    Tr. pp. 4–6, 8–9, 55–57, 59

  29. Jan 10, 2025

    The creators argue: “not what we do in this country”

    Jeffrey Fisher says the law restricts American creators’ speech because of ideas the government fears, and the First Amendment doesn’t allow that.

    “Mere ideas do not constitute a national security threat,” he said. He granted that protecting data “is compelling,” but said this law can’t stand on that alone.

    Chief Justice Roberts pushed back. “Congress doesn’t care about what’s on TikTok,” he said. “They’re saying that the Chinese have to stop controlling TikTok.”

    Tr. pp. 73–75, 80–82

  30. Jan 10, 2025

    The government argues: “a grave threat”

    Solicitor General Elizabeth Prelogar says China could use TikTok’s data on Americans for “harassment, recruitment, and espionage,” and could secretly steer what they see.

    Justice Gorsuch asked if worrying about what China might push was “a pretty paternalistic point of view,” when the usual answer to bad speech is more speech. Justice Kagan wondered what “covert” added, since “everybody does know now that there’s China behind it.”

    The January 19 deadline was “not irrevocable,” Prelogar said. A shutdown “might be just the jolt” ByteDance needed to sell. Justice Sotomayor got her to agree that if TikTok wasn’t cut off on the 19th, the law would be broken.

    Tr. pp. 117–118, 123–124, 150–151, 171

  31. Jan 10, 2025

    TikTok’s last word

    In rebuttal, Francisco asks again for at least a pause. The argument ends at 12:38 p.m., half an hour past the two hours it was given.

    A ban on sharing users’ data, or a warning label, would have done the job with less, he said. “If the First Amendment means anything, it means that the government cannot restrict speech in order to protect us from speech.”

    Tr. pp. 172–178

  32. Jan 17, 2025Affirmed

    Upheld, with no dissent

    Two days before the deadline, the Court rules in an unsigned opinion that the law doesn’t violate the First Amendment, at least as it applies to TikTok and the creators.

    It assumed, without deciding, that the First Amendment applies. Then it found the law content-neutral, so only the middle test applied, and found that keeping China from collecting data on 170 million Americans was reason enough on its own. It didn’t rest on the other reason, covert content manipulation, and it didn’t use the classified evidence.

    Justice Sotomayor agreed, but would have said plainly that the First Amendment applies. Justice Gorsuch agreed with the result only, noting the Court had had “a fortnight.” The same day it dismissed the requests to pause the law as moot.

    Opinion pp. 1–2, 9, 13, 18–20 · Sotomayor, J. p. 1 · Gorsuch, J. p. 1 · Journal p. 313

  33. The deadline

    Four days: the ruling, the app going dark, the app coming back, and a new President.

  34. Jan 17, 2025

    TikTok says it will go dark

    Without a clear promise that the law won’t be enforced, TikTok says, it will shut off on January 19. The White House says it’s leaving that to the next one.

    The Biden administration said enforcement “will be up to the next administration to implement,” and called TikTok’s threat a “stunt.” TikTok said that wasn’t enough for the app stores and web hosts, which are the ones the law would fine.

    The Verge, Jan 18, 2025 · The Verge, Jan 19, 2025

  35. Jan 18, 2025

    TikTok goes dark

    At about 10:30 p.m. Eastern on Saturday, the app stops working in the US. It’s gone from Apple’s and Google’s app stores too.

    “Sorry, TikTok isn’t available right now,” the app said. “A law banning TikTok has been enacted in the U.S.” It added that President Trump “has indicated that he will work with us on a solution to reinstate TikTok once he takes office.”

    ByteDance’s other US apps, like CapCut and Lemon8, went offline too.

    The Verge, Jan 18, 2025

  36. Jan 19, 2025

    Back the next day

    After Trump says he’ll delay the law and that companies face “no liability,” TikTok comes back around noon Eastern on Sunday. It’s still missing from the app stores.

    “As a result of President Trump’s efforts, TikTok is back in the U.S.!” the app told users. Its hosting and network companies, Oracle and Akamai, had restored service, relying on his promise. Apple and Google didn’t, yet.

    The Verge, Jan 19, 2025 · The Verge, Jan 24, 2025

  37. Jan 20, 2025

    Told not to enforce it

    On his first day in office, President Trump orders the Attorney General not to enforce the law for 75 days, and not to punish anyone for the days already passed.

    The law’s timing, “one day before I took office,” got in the way of his assessing it, the order said. It told the Attorney General to write to each company “that there has been no violation of the statute,” and called any attempt by states or private parties to enforce it “an encroachment on the powers of the Executive.”

    It didn’t use the law’s own extension, which needed a sale in sight. It was non-enforcement, and the challengers in Tan v. Trump say the law doesn’t allow it.

    EO 14166 · Amended petition ¶ 2

  38. Not enforced

    The law stayed on the books, and the date kept moving.

  39. Jan 30 – Apr 5, 2025

    Letters to Apple, Google and the rest

    The Justice Department writes to Apple, Google, Oracle and seven other companies the law would fine, promising they won’t be held responsible.

    Acting Attorney General James McHenry sent the first round on January 30, and Attorney General Pamela Bondi more after that, including on April 5. The letters said the department would even step in against anyone else who tried to enforce the law.

    They weren’t public. Zhaocheng Anthony Tan, a Google shareholder, sued for them under FOIA and they came out in July 2025. In 2026 he’d sue over the sale itself.

    The Verge, Jul 3, 2025

  40. Feb 13, 2025

    Back in the app stores

    Apple and Google put TikTok back, almost four weeks after taking it down.

    They waited for the Attorney General’s assurances. The law put their fine at up to $5,000 for each US user.

    Gray News, Feb 13, 2025 · The Verge, Apr 4, 2025

  41. Feb 18, 2025

    The case is closed

    The Supreme Court sends its judgment down to the D.C. Circuit, which issues its mandate on February 28. The court case is over.

    Everything after this card happened outside court, until a new case was filed in 2026.

    Judgment issued · Mandate, Feb 28, 2025

  42. Apr 4, 2025

    Another 75 days

    A second order pushes the date to June 19, the same week the President announces new tariffs on China.

    The White House had believed a sale was close that week, until China said it wouldn’t approve one without talks on trade and tariffs, the Associated Press reported. ByteDance said “key matters” were still unresolved, and that any deal would need China’s approval.

    EO 14258 · The Verge, Apr 4, 2025

  43. Jun 19, 2025

    To September

    A third order, to September 17.

    Like the others, it kept the Attorney General from enforcing the law in the meantime.

    EO 14310 · EO 14352 § 1

  44. Sept 16, 2025

    To December

    A fourth order, to December 16.

    Nine days later the President said he had a deal.

    EO 14350 · EO 14352 § 1

  45. The sale

    A deal approved, signed, and closed.

  46. Sept 25, 2025

    The President approves a sale

    He determines that selling TikTok’s US business to a new joint venture, “once its implementation agreements are executed,” is the qualified divestiture the law demands.

    Under his findings, ByteDance and its affiliates would own less than 20 percent. The new company would control “the algorithms and code” and content moderation, keep US data in a US company’s cloud, and have the recommendation models retrained on US data and watched by “trusted security partners.”

    Vice President JD Vance led the review. The order gave the deal 120 more days to close, with the law still not enforced. It was the fifth order holding the Attorney General off.

    EO 14352

  47. Dec 18, 2025

    The deal is signed

    TikTok’s chief executive, Shou Zi Chew, tells employees ByteDance has signed with three lead investors, Oracle, Silver Lake and MGX of Abu Dhabi. It will close on January 22.

    The three would hold 15 percent each, ByteDance just under 20, and existing ByteDance investors about 30, according to the memo. Vice President Vance had put the US business’s value at about $14 billion.

    The memo also said TikTok’s global companies “will manage global product interoperability and certain commercial activities, including e-commerce, advertising, and marketing.” That line would come back in Tan v. Trump.

    CNBC, Dec 18, 2025

  48. Jan 22, 2026

    A new company takes over

    TikTok USDS Joint Venture LLC starts running TikTok in the United States, with a majority-American board and Adam Presser as its chief executive.

    It says US data is kept in “Oracle’s secure U.S. cloud environment,” and that it “will retrain, test, and update the content recommendation algorithm on U.S. user data.” ByteDance keeps 19.9 percent, and Shou Zi Chew sits on its seven-member board. That night President Trump posted that he was “so happy to have helped in saving TikTok!”

    Presser and the new company’s chief security officer, Will Farrell, had both signed declarations for TikTok in this case in 2024, about how the app was run and secured.

    TikTok USDS Joint Venture, Jan 23, 2026 · Reply, Jun 8, 2026 p. 2 · JA 481 · JA 769

  49. The case after the case

    A new petition under the same law says the sale breaks it. Nothing in it has been decided.

  50. Mar 5, 2026

    A new case: Tan v. Trump

    Two software engineers, Zhaocheng Anthony Tan and Garrett Reid, petition the D.C. Circuit. The sale, they say, “facially violated the law.”

    Tan owns stock in Alphabet and Reid in Meta, two of TikTok’s rivals, and their lawyer, Brendan Ballou, is with a group called the Public Integrity Project. They say ByteDance still owns the algorithm and licenses it to the new company, still runs its e-commerce, advertising and marketing, and that TikTok’s global chief executive sits on its board. That’s an operational relationship, they say, which the law forbids.

    They don’t ask for TikTok to be banned. They ask the court to declare the extensions, the failure to investigate and the sale unlawful, and to order the Attorney General to investigate.

    Petition, Mar 5, 2026 · Amended petition ¶¶ 2–5, p. 44

  51. Apr 6, 2026

    A former ByteDance employee joins

    An amended petition adds “John Doe,” who says he lost his job at one of ByteDance’s US companies because of the deal.

    He asked to use a pseudonym because he’s a first-generation Chinese American with family still in China. The petition adds claims that ByteDance staff “continue to demand — and receive — access to aggregated American user data,” and that the two companies jointly launched a feature to track users’ exact GPS locations.

    These are the challengers’ claims. None of them has been tested in court.

    Amended petition pp. 3–6

  52. Apr 29, 2026Granted

    The amended petition is allowed

    A panel of three judges lets the amended petition in and lets John Doe stay anonymous, but won’t speed the case up for now.

    The judges, Justin Walker, J. Michelle Childs and Bradley Garcia, told the government to file any motion to end the case by May 21. They put off the challengers’ request to add evidence of their own.

    Order of Apr 29, 2026

  53. May 21, 2026

    Too late, and no standing, the government says

    It asks the court to dismiss the case without getting to the deal at all, for two reasons.

    First, the deadline to sue. The law allows 90 days after a government action, and the government says the last one was the President’s order of September 25, 2025, so the March 2026 petition “missed by several months.” Second, standing. Owning stock in a rival doesn’t give anyone a right to sue, it says, and the effect on a stock price is “highly speculative.”

    It hasn’t argued yet whether the sale meets the law.

    Motion to dismiss pp. 1–2

  54. Jun 1, 2026

    The challengers answer: “a few weeks later”

    “The President endorsed, and ByteDance announced, the divestiture of TikTok’s American assets on January 22, 2026,” they say. “Petitioners filed their lawsuit a few weeks later.”

    The September order only approved a deal “once its implementation agreements are executed,” they argued, so it wasn’t final or ripe until the sale closed. And Reid uses TikTok, so his own data is at stake, they said, while Doe lost his job and the shareholders lost money.

    Opposition pp. 7–10, 13

  55. Jun 8, 2026

    The government replies: a post isn’t an order

    The only thing that happened in January, it says, was a social media post by the President, and the post “reflects no Presidential action, finding, or determination under the Act.”

    The post began “I am so happy to have helped in saving TikTok!” and went on to thank China’s President Xi for “ultimately, approving the Deal.” A ruling against a post “would have no practical effect,” the government said, and the challengers’ data theory was “speculation piled upon speculation.”

    Reply pp. 1–3

  56. Jul 16, 2026

    Government phones can have it again

    The Justice Department’s lawyers decide the 2022 ban on government devices doesn’t cover the new TikTok.

    The new company “functions independently of ByteDance, is majority-owned by American investors, and has revised the content-recommendation algorithm and cybersecurity program,” the opinion said. The department had given the White House the same advice, at first on conditions, in February and March.

    OLC opinion, Jul 16, 2026

  57. Jul 20, 2026Referred

    Not decided yet: passed to the merits panel

    Two judges send the government’s motion to dismiss on to the judges who will decide the whole case, the merits panel.

    So whether the challengers sued in time, and whether they can sue at all, will be decided along with everything else, after full briefing. The two sides were told to propose how the case should go on.

    Order of Jul 20, 2026

  58. Aug 21, 2026

    The government’s record, due October 20

    On a joint motion to govern, the clerk gives the government until October 20, 2026 to file the certified index of the record.

    After that the two sides would propose a schedule for briefs. Both kept their objections, the challengers to what the record leaves out and the government to their adding evidence of their own.

    Joint motion, Aug 19, 2026 · Order of Aug 21, 2026

  59. Checked Oct 23, 2026

    Where it stands

    • PendingTan v. Trump, in the D.C. Circuit. The government’s record index was due October 20, 2026, and nothing after August 21 had reached the public docket by October 23.
    • UndecidedWhether the challengers sued in time and can sue at all, referred to the merits panel on July 20, 2026.
    • In forceThe law itself, upheld in January 2025, and not enforced against anyone so far.
    • RunningTikTok in the US, under the joint venture since January 22, 2026.

    The Supreme Court’s case is closed. The law it upheld is still on the books, and the question about it now is whether the sale meets it.

Every card comes from the court record, the law or the President’s orders, or from a report that says what the record doesn’t. The cards on the shutdown weekend, the letters and the deal rely on reporting, and say so.

Notes

How this was made, and what it leaves out

Source

Built from the record of the two courts: the dockets, the briefs, the sworn declarations in the appendix, the D.C. Circuit’s opinion of December 6, 2024, the Supreme Court’s opinion of January 17, 2025, and the transcript of the argument on January 10, 2025. Then the law itself, the President’s orders in the Federal Register, and the filings in Tan v. Trump, read through the archive of federal court records on CourtListener. Each side is described in its own words, in court or in its own briefs.

Words spoken in the Supreme Court are quoted from the Court’s own transcript and cited by its page. The D.C. Circuit doesn’t post transcripts, so its argument is described, not quoted, with a link to the court’s recording. What happened outside the courts after the ruling is cited to the orders themselves where there are any, and to reporting where there aren’t.

Docket, No. 24-656 · Docket, No. 24-1113 · Opinion · Transcript

Two cases, one ruling

Two cases were heard together the whole way. TikTok and ByteDance’s is No. 24-1113 in the D.C. Circuit and No. 24-656 in the Supreme Court. The creators’ is No. 24-1130 and No. 24-657, Firebaugh v. Garland. A third petition, BASED Politics’, No. 24-1183, was joined to them in the D.C. Circuit. One opinion in each court decided them all.

Other challenges to the same law are left out. One by Robert F. Kennedy Jr. and two others, No. 24-1316, was filed in October 2024, and the government asked the court to set it aside while this one was decided.

Docket, No. 24-657 · Order of Jun 18, 2024 · D.C. Cir. opinion p. 1

The case after the case

The Supreme Court’s case is over. It sent its judgment down on February 18, 2025, and the D.C. Circuit closed the case ten days later. What happened to the law after that, the orders not to enforce it, the sale and the new company, happened outside both courts, and these pages say so card by card.

Then in March 2026 a new case was filed under the same law, Tan v. Trump, No. 26-1047 in the D.C. Circuit. Two software engineers who own stock in Alphabet and Meta brought it, and later a former employee of a ByteDance company, against President Trump and the Attorney General. It says the sale isn’t the one the law demands. It’s still open. These pages show it as far as its record goes, with what each side says marked as what that side says.

Judgment issued · Mandate, Feb 28, 2025 · Docket, No. 26-1047 · Amended petition ¶¶ 13–15

What this is not

Not legal advice, not a finding, and not a verdict. The Supreme Court upheld the law as it applies to TikTok and the creators. It didn’t decide whether the 2026 sale meets the law, and no court has yet. What the challengers in Tan v. Trump say about the deal is reported as their claim, and the President’s findings about it as his findings.

The government also filed classified evidence that TikTok never saw. Both courts said they decided without it, and these pages leave it out. Where the record doesn’t reach, these pages say so and stop.

Opinion p. 13 n. 3 · D.C. Cir. opinion p. 64

Tell me what I got wrong

If something here is missed, misrepresented or unfairly portrayed, let me know. Point me at a filing or record and I will verify it on my end. I actively look to correct, improve and remain unbiased.

Type of issue

No account, no name, no email. The submission stores what you typed, your address and your browser string, to make abuse traceable and for nothing else.

Record reviewed through October 23, 2026. Nothing filed after that date is reflected here.

Terms

Plain English

Words these pages use because the courts use them. The case went through two courts, the D.C. Circuit and the Supreme Court, and a few words only matter after the ruling, in the case that came after it.

The courts

D.C. Circuit
The U.S. Court of Appeals for the District of Columbia Circuit, in Washington. The law sends every challenge to it first, and to no other court.
Panel
The three judges of an appeals court who hear a case or a motion. The D.C. Circuit has about a dozen judges, and different panels handle different steps.
Merits panel
The panel that will decide a case itself, as opposed to the ones that handle motions along the way.
Attorney General
The head of the Justice Department. The law gives this office alone the job of enforcing it, which is why the case is named after one.
Solicitor General
The lawyer who argues the federal government’s cases in the Supreme Court. Elizabeth Prelogar held the job when this case was argued.
Per curiam
Latin for “by the court.” An opinion that no one justice signs, issued in the name of the whole Court.
Concurring opinion
A justice who agrees with the result writing separately to give other or extra reasons. Concurring “in the judgment” means agreeing with the result but not the Court’s reasoning.

The paperwork

Docket
The court’s numbered list of everything filed in a case. Entry 42 is the forty-second thing filed.
Petition for review
How a case under this law starts: a request made straight to the appeals court, with no trial court first.
Exclusive jurisdiction
Being the only court allowed to hear a kind of case. The law gave that to the D.C. Circuit.
Consolidated
Separate cases joined so they’re briefed, argued and decided together.
Brief
A side’s written argument to the court.
Amicus brief
A brief from someone who isn’t a party, a “friend of the court,” giving the court a view of the case.
Declaration
A written statement a witness signs under penalty of perjury. There was no trial here, so the evidence was mostly declarations.
Record
Everything a court has in front of it to decide a case: the filings, the declarations, the evidence.
Classified evidence
Material the government keeps secret for national security. It filed some here for the judges alone, which the other side never got to see or answer.
Special master
Someone a court appoints to help with a task. TikTok asked for one with a security clearance to review the secret evidence.

How the case moved

Application
A request to the Supreme Court for emergency help before it has taken a case. Here, to pause the law before it took effect.
Injunction
A court order stopping something. One “pending review” pauses a law while a higher court looks at the case.
Certiorari
The Supreme Court agreeing to hear a case. Here it treated TikTok’s emergency applications as requests for it and granted them two days later.
Question presented
The exact question the Supreme Court agrees to answer. Here there was one: does the law, as applied to TikTok and the creators, violate the First Amendment.
As applied
A challenge to how a law works on the people bringing it, not to every possible use of it. The Supreme Court looked only at the part of the law that names TikTok.
Oral argument
The time the lawyers spend answering the judges’ questions in court. No witnesses, no new evidence and no jury.
Divided argument
Two lawyers splitting one side’s time. TikTok’s lawyer and the creators’ lawyer shared the challengers’ side.
Rebuttal
The few minutes the side that brought the case gets at the end, to answer the other side.
Mandate
The formal order that closes an appeal and makes the decision final in the court below.
Moot
No longer a live question, so there’s nothing left for a court to decide.

The law

Divestiture
Selling off a business, or enough of it that the seller no longer controls it.
Qualified divestiture
A sale the President finds ends a foreign adversary’s control and leaves no “operational relationship” with ByteDance. Only that lifts the law’s ban.
Operational relationship
The tie the law says can’t survive the sale, “including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing.”
Foreign adversary
A country the law treats as one: China, Russia, Iran and North Korea.
App stores and hosting
What the law actually forbids, which is offering the app in an app store or hosting it. So it binds companies like Apple, Google and Oracle, not TikTok’s users.
Civil penalty
A fine, not a crime. The law sets it at up to $5,000 for each US user reached through a violation.
The one extension
The law let the President add up to 90 days, once, if he told Congress a sale was in sight and showed binding agreements. No President used it.
The general track
The law’s second route, which lets the President name other apps controlled by a foreign adversary later. TikTok was named in the law itself.
Recommendation algorithm
The software that picks which video each user sees next on the “For You” feed. ByteDance owns it, and it’s developed and maintained in China.
Executive order
A written order from the President to the executive branch, published in the Federal Register.
Non-enforcement
The executive branch choosing not to bring cases under a law, here on the President’s orders. The law itself stays on the books.
CFIUS
The Committee on Foreign Investment in the United States, the federal panel that reviews foreign purchases of US businesses for security risks.
National security agreement
A contract setting the security conditions a company operates under. TikTok’s draft ran about 90 pages and was never signed.
Project Texas
TikTok’s plan to keep US users’ data in the United States, stored with Oracle and run by a separate US company. TikTok says it spent more than $2 billion on it.
IEEPA
The International Emergency Economic Powers Act, the 1977 law President Trump used for his 2020 ban. Courts found it couldn’t reach this kind of communication.

The free-speech test

First Amendment
The part of the Constitution that bars the government from “abridging the freedom of speech.” Courts check laws that burden speech with one of a few tests.
Assume without deciding
A court treating something as true for the sake of argument, because the answer wouldn’t change the result, and leaving the real question open.
Heightened scrutiny
Any of the stricter tests a court uses when a law burdens speech, instead of just asking whether the law is reasonable.
Strict scrutiny
The hardest test. The government needs a compelling reason and the narrowest way of getting there. Most laws that get it fail.
Intermediate scrutiny
The middle test. The government needs an important reason that isn’t about suppressing speech, and a law that doesn’t burden much more speech than it has to.
Content-based
Aimed at what is said, its topic, idea or message. A content-based law gets strict scrutiny.
Content-neutral
Applying whatever is said, like a limit on how loud a speaker can be. A content-neutral law gets intermediate scrutiny.
Singling out a speaker
A law aimed at one speaker. Courts look harder when that’s a way of getting at what the speaker says.
Tailoring
Whether a law fits its reason, covering what the problem needs and not much more.
Less restrictive alternative
Another way of meeting the same goal that burdens less speech. If one would work as well, the law can fail.
Underinclusive
Covering too little of the problem a law claims to fix, which can suggest the stated reason isn’t the real one.
Deference
A court giving weight to another branch’s judgment, here Congress’s predictions about national security.
Covert content manipulation
The government’s second reason: that China could secretly have ByteDance change what Americans see on TikTok. The Supreme Court didn’t rest on it.

The other claims

Equal protection
The Constitution’s promise that the government won’t treat people differently without a good enough reason.
Bill of attainder
A law that punishes a named person or group without a trial. The Constitution forbids Congress to pass one.
Taking
The government seizing private property, which the Constitution allows only with fair payment.

The case after the case

Standing
The right to bring a case at all. A challenger has to show a real injury of their own, caused by what they’re challenging, that a court could fix.
Deadline to sue
The time limit for bringing a case, also called a statute of limitations. This law allows 90 days after the government action being challenged.
Motion to dismiss
Asking a court to end a case without deciding who is right, for a reason like filing too late or having no standing.
Ripe
Ready for a court. A challenge to something that hasn’t happened yet comes too early.
Pseudonym
A made-up name, here “John Doe,” that a court lets a party use to keep their identity off the public record.
Certified index
The government’s official list of what’s in the record behind the decision being challenged. Briefing usually follows it.
Motion to govern
The parties’ proposal to the court for how a case should go on from here.
FOIA
The Freedom of Information Act, which lets anyone ask a federal agency for its records, and sue if it refuses.

The stamp on a ruling

Granted
The court said yes to the request on this card, whichever side made it.
Denied
The court said no to the request on this card.
Affirmed
The court above agreed with the court below and left its ruling as it was.
Referred
The court didn’t decide the request yet. It passed it on to the judges who will decide the whole case.