Washington, D.C. – September 6, 2024 – TikTok, the popular short-form video app, and its parent company, ByteDance, have retained two of the United States Supreme Court’s top lawyers to fight against a potential ban in the country. The legal battle centers around a law requiring ByteDance to divest TikTok’s U.S. assets or face an injunction, according to a report by Reuters.
On September 16, the U.S. Court of Appeals for the District of Columbia Circuit will hear the case involving TikTok and ByteDance. Mayer Brown LLP’s Andrew Pincus will argue against the contentious law, while Stanford Law School’s Jeffrey Fisher will defend the interests of content creators.
They will face off against Daniel Tenny, the long-standing appellate lawyer for the Department of Justice, who will defend the law.
The Department of Justice declined to comment, and TikTok did not immediately respond to a request for comment.
Both TikTok and ByteDance are represented by a team from Covington & Burling LLP, including Alexander Berengaut, the chief legal officer of the companies and co-leader of the firm’s government litigation group. The creators’ lawyers include Ambika Kumar, the co-head of the media law practice at Davis, Wright, Tremaine LLP.
Fisher is a special counsel at O’Melveny & Myers LLP, having argued before the Supreme Court in 48 cases, renowned for his work in constitutional and criminal law. Pincus has argued in 30 high court cases, known for his opposition to class actions.
Tenny has argued significant cases in the federal appellate court involving abortion rights, immigration, and other issues.
The panel of appellate judges – Sri Srinivasan, Neomi Rao, and Douglas Ginsburg – will also hear arguments from a lawyer representing a non-profit organization that has filed a lawsuit challenging the divestiture or ban law.
President Joe Biden signed the law in April, requiring ByteDance to sell TikTok by January 19 or face an injunction. The White House and others supporting the law have said that the measure is a challenge to the app’s Chinese ownership, not an effort to eliminate TikTok.
TikTok and ByteDance argue that the law completely contradicts the country’s tradition of advocating for an open internet. ByteDance has stated that divestiture is impossible from a technical, commercial, or legal standpoint.
Both TikTok and the Department of Justice have requested a decision by December 6, which may allow the Supreme Court to make a decision before any ban takes effect.
The case has sparked a heated debate over national security concerns and the potential impact of the app on American users. Critics argue that TikTok poses a threat to national security due to its Chinese ownership and the possibility of data breaches. Proponents of the app, however, say that the ban is unnecessary and could harm the livelihoods of millions of Americans who rely on the platform for entertainment and communication.
As the case moves forward, the fate of TikTok and its users remains uncertain. The outcome of the appeal could have significant implications for the future of the app in the United States and the broader debate over national security and technology.
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