←  TikTok v. Garland

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

TikTok v. Garland

Courtroom View

The room, one moment at a time

The same case as the Chronological View, drawn as the room it happened in. Move the line along the bar, or step with Previous and Next, and the room changes with the moment: who was in it, and which parts of it stood empty.

Bench Clerk Marshal Lectern Challengers Government Press Guests Railing Bar members Public

In the room

  • Justice

    Amy Coney Barrett

    Asked TikTok’s lawyer: “The law doesn’t say TikTok has to shut down. It says ByteDance has to divest.” Didn’t write separately.

    Seating chart · Tr. p. 59 · Journal p. 269

  • Justice

    Neil M. Gorsuch

    Asked about the secret evidence, and whether one of the government’s worries was “a pretty paternalistic point of view.” Agreed with the result only, in a short opinion of his own.

    Seating chart · Tr. pp. 96, 123 · Gorsuch, J. p. 1 · Journal p. 269

  • Justice

    Sonia Sotomayor

    Got the Solicitor General to agree that if TikTok stayed up on January 19, the law would be broken. Joined all but one part of the opinion, writing that the First Amendment plainly applies.

    Seating chart · Tr. p. 171 · Sotomayor, J. p. 1 · Journal p. 269

  • Justice

    Clarence Thomas

    Asked the first question of the day: “Exactly what is TikTok’s speech here?” Didn’t write separately.

    Seating chart · Tr. p. 6 · Journal p. 269

  • The Chief Justice

    John G. Roberts, Jr.

    The Chief Justice, in the center seat. Asked whether the Court was “supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government.”

    Seating chart · Tr. pp. 8–9 · Journal p. 269

  • Justice

    Samuel A. Alito, Jr.

    Asked whether ByteDance had “devised this magical algorithm” that no one else could match. Didn’t write separately.

    Seating chart · Tr. pp. 111–112 · Journal p. 269

  • Justice

    Elena Kagan

    Asked what “covert” added, since “everybody does know now that there’s China behind it.” Didn’t write separately.

    Seating chart · Tr. p. 123 · Journal p. 269

  • Justice

    Brett M. Kavanaugh

    Called the data collection “a huge concern for the future of the country,” and asked what would happen on January 19. Didn’t write separately.

    Seating chart · Tr. pp. 55–57 · Journal p. 269

  • Justice

    Ketanji Brown Jackson

    The most junior justice, at the far right. Asked whether this was “really a right of association case.” Didn’t write separately.

    Seating chart · Tr. p. 65 · Journal p. 269

  • For TikTok, in the D.C. Circuit

    Andrew J. Pincus

    Argued for TikTok and ByteDance in the D.C. Circuit in September 2024. That argument was in another courthouse, so he’s drawn here only as part of the case.

    D.C. Cir. opinion p. 1 · Minutes, Sept 16, 2024

  • For TikTok and ByteDance

    Noel J. Francisco

    Of Jones Day, and Solicitor General in President Trump’s first term. At the table while the others argued.

    Tr. p. 2 · Jones Day, Francisco

  • At the lectern

    Noel J. Francisco

    Argued first, for about an hour, and came back for the rebuttal at the end.

    Tr. pp. 4–73, 172–178

  • For the creators

    Jeffrey L. Fisher

    Of O’Melveny & Myers. He argued for the creators in both courts. At the table while the others argued.

    Tr. p. 2 · Creators’ brief cover · Minutes, Sept 16, 2024

  • At the lectern

    Jeffrey L. Fisher

    Argued second, sharing the challengers’ side under the Court’s order for divided argument.

    Tr. pp. 73–117 · Docket, No. 24-656

  • For the government, in the D.C. Circuit

    Daniel Tenny

    Of the Justice Department’s appellate staff. Argued in the D.C. Circuit, in another courthouse.

    Minutes, Sept 16, 2024 · D.C. Cir. opinion p. 3

  • For the government

    Elizabeth B. Prelogar

    The Solicitor General. At the table while the challengers argued.

    Tr. p. 2

  • At the lectern

    Elizabeth B. Prelogar

    Argued for the government, for nearly an hour.

    Tr. pp. 117–172

  • The bar section

    About 90 new members

    Before the argument the Court admitted about 90 lawyers to its bar, each moved in by a member. The seats just past the bronze railing are kept for members of the Court’s bar.

    Journal pp. 269–272 · Visitor’s guide

  • The lectern

    Right in front of the Chief Justice

    Each lawyer stands here in turn. A white light on it means five minutes are left, and a red one means time is up. The Court gave the case two hours, and it ran about two and a half.

    Visitor’s guide · Tr. pp. 4, 178

  • The challengers’ table

    Drawn by the page’s rule

    Four seats at each table. With the argument divided, the Court allows one co-counsel for each lawyer who argues, and they aren’t named in any source found. Which table each side used isn’t either, so the challengers are drawn on the left, as on every page here.

    Guide for counsel · Docket, No. 24-656

  • The government’s table

    Up to four

    The Solicitor General and up to three others from her office. The others aren’t named in any source found.

    Guide for counsel

  • The Clerk

    Not recorded

    The Clerk of the Court, or someone from the Clerk’s office, sits to the left of the bench and swears in new members of the bar. The Court doesn’t record who sat in this chair that day.

    Visitor’s guide

  • The Marshal

    Not recorded

    The Marshal, or a deputy, sits to the right of the bench, calls the Court to order and keeps time. Who sat in this chair that day isn’t recorded.

    Visitor’s guide

  • The bar section

    Not recorded

    Seats for members of the Court’s bar, just past the bronze railing. Who sat in them isn’t recorded.

    Visitor’s guide

  • The press

    Not recorded

    Reporters sit here, to the left of the bench. Which ones were in the room isn’t recorded in any source found.

    Visitor’s guide

  • The justices’ guests

    Not recorded

    Benches for the justices’ guests, seated by the seniority of the justice who invited them, with chairs in front for retired justices and officers of the Court. Nobody who sat here is recorded.

    Visitor’s guide

  • The public

    Not recorded

    Seats for the public, given out to people waiting in line. No source found names anyone who sat in them that day.

    Visitor’s guide

  • The bench

    Not here yet

    Until December 2024 the case was in the D.C. Circuit, a different court in a different building. It reached this Court on December 16, 2024.

    Docket, No. 24-1113

  • The bench

    A different case now

    This Court’s case closed on February 18, 2025. Tan v. Trump, the case about the sale, is in the D.C. Circuit, and no hearing has been held in it.

    Judgment issued · Docket, No. 26-1047

  • The bench

    Deciding on paper

    The justices are in the case, but this was a filing or a written order, or it happened outside court. The ruling of January 17, 2025 was released, not read from the bench. Nothing was heard in court on this date.

    Journal p. 313

  • The lectern

    Not in use

    Where the lawyers stand to argue. Nothing was heard in court on this date.

  • The challengers’ table

    Empty

    Where TikTok’s and the creators’ lawyers sit. Nothing was heard in court on this date.

  • The government’s table

    Empty

    Where the government’s lawyers sit. Nothing was heard in court on this date.

  • The Clerk

    Not in use

    Where the Clerk of the Court sits. Nothing was heard in court on this date.

  • The Marshal

    Not in use

    Where the Marshal sits. Nothing was heard in court on this date.

  • The public

    Empty

    Seats for the public. Nothing was heard in court on this date.

  • The bench

    Empty: no case yet

    Where the nine justices sit, the Chief Justice in the middle. On this date there was no case yet.

  • The lectern

    Empty: no case yet

    Where the lawyers stand to argue. On this date there was no case yet.

  • The challengers’ table

    Empty: no case yet

    Where the side that brought the case sits. It is always drawn on the left here. On this date there was no case yet.

  • The government’s table

    Empty: no case yet

    Where the side answering the case sits. On this date there was no case yet.

  • The public

    Empty: no case yet

    Seats for the public. On this date there was no case yet.

Days in court

  1. Sept 16, 2024 Argued in the D.C. Circuit before Chief Judge Srinivasan and Judges Rao and Ginsburg. The court opened at 9:33 a.m., and this was the second of two cases that morning. Minutes, Sept 16, 2024 · Argument audio
  2. Jan 10, 2025 The Court sits at 10 a.m., admits new members to its bar, and calls the case at 10:08. Noel Francisco argues first, for TikTok and ByteDance. Journal pp. 269–272 · Tr. p. 4
  3. Jan 10, 2025 Jeffrey Fisher argues second, for the creators. Tr. p. 73
  4. Jan 10, 2025 Solicitor General Elizabeth Prelogar argues for the government. Tr. p. 117
  5. Jan 10, 2025 Francisco’s rebuttal. The case is submitted at 12:38 p.m. Tr. pp. 172, 178

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.