TikTok, along with a group of content creators, has turned to two prominent U.S. Supreme Court lawyers as it gears up to challenge a law that could force China-based ByteDance to sell off TikTok’s U.S. operations or face a nationwide ban. This legal battle could have significant implications for the future of the popular social media platform in the United States.
Leading the charge for TikTok and ByteDance in this high-stakes legal case is Andrew Pincus from the law firm Mayer Brown. Pincus, known for his Supreme Court experience, will argue against the U.S. government’s controversial law when the case is heard by the U.S. Court of Appeals for the D.C. Circuit on September 16. Joining the legal team is Jeffrey Fisher of Stanford Law School, who will represent the app’s content creators.
Facing this formidable team is Daniel Tenny, a seasoned appellate lawyer from the Justice Department, who will defend the U.S. government’s position on the matter. The Justice Department has declined to comment on the case, while TikTok has not yet issued a statement.
In addition to Mayer Brown and Fisher’s involvement, TikTok and ByteDance are also backed by lawyers from Covington & Burling, including Alexander Berengaut, who leads the companies’ government litigation efforts. The creators are further represented by Ambika Kumar, co-leader of the media law practice at Davis Wright Tremaine, adding even more firepower to the legal fight.
Fisher, a renowned constitutional law expert and special counsel at O’Melveny & Myers, has previously argued 48 cases before the U.S. Supreme Court, making him a crucial asset for the creators in this case. Pincus, with 30 Supreme Court cases under his belt, is known for his strong advocacy in class action disputes, while Tenny from the Justice Department has argued key cases in federal appeals courts related to abortion, immigration, and other major issues.
The panel of judges for the appeals hearing will include Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg. They will also hear arguments from a representative of a nonprofit organization that has filed a lawsuit over the same law.
The law in question, signed by President Joe Biden in April, gives ByteDance until January 19 to divest TikTok’s U.S. operations or face a total ban. Proponents of the law, including the White House, have framed it as a necessary move to address concerns over the app’s Chinese ownership and potential national security risks, rather than an effort to ban TikTok outright.
TikTok and ByteDance, however, have contested the law, describing it as a “radical departure” from America’s longstanding support for an open and free internet. ByteDance has also argued that a forced divestiture is not viable, citing technological, commercial, and legal challenges. The platform insists that the proposed divestment would not solve the underlying concerns.
The U.S. government and TikTok have both requested a ruling by December 6, allowing the possibility for the case to reach the U.S. Supreme Court before any ban is enforced. As the legal battle intensifies, the outcome could set a precedent for how foreign-owned technology companies operate in the U.S. and the broader implications for global tech governance.
In this escalating legal showdown, TikTok’s future in the U.S. hangs in the balance, as the platform and its creators push back against a government measure that could have sweeping implications for the tech industry and international relations. If the case progresses to the Supreme Court, it will likely fuel ongoing debates about national security, digital sovereignty, and freedom of information in the digital age.