On June 27, 2024, the Knight Institute, Free Press, and PEN America filed an amicus brief in TikTok v. Garland, a case in the D.C. Circuit addressing a challenge to the Protecting Americans from Foreign Adversary Controlled Applications Act, a law that bans TikTok in the United States.

The Institute’s amicus brief, filed in support of TikTok and a group of content creators, urges the D.C. Circuit to declare the Act unconstitutional and enjoin its enforcement. The brief makes four points in support of that outcome. First, the Act implicates the First Amendment because it prevents Americans from accessing the social media platform of their choosing. Second, the court should scrutinize the Act especially closely because it echoes practices that have long been associated with repressive governments, and any efforts to restrict access to speech and ideas from abroad should be approached with skepticism. Third, the Act should be subject to strict scrutiny because it is viewpoint-motivated and forecloses an entire medium of expression online. Fourth, the Act cannot withstand First Amendment scrutiny because suppressing speech is not a permissible means of addressing propaganda, and less restrictive alternatives are available.

On December 6, 2024, the D.C. Circuit denied the petitioners’ challenge to the Act, and on December 16, the petitioners’ asked the Supreme Court for a temporary injunction to prevent enforcement of the Act while the Court considers the case.

Status: On December 17, 2024, the Knight Institute submitted an amicus brief urging the Supreme Court to temporarily block enforcement of the Act. 

Case Information: TikTok v. Garland, No. 24-1113 (and consolidated cases) (D.C. Cir.).