Good news for TikTok users! The app has been given a chance to plead its case before the Supreme Court of the United States. However, there’s a catch. While most cases have quite a large chunk of time to prepare, TikTok has been given just two weeks to get ready for its last-ditch attempt to stop the app from being banned in the United States. You read that correctly: where most cases get almost a year to prepare, TikTok has mere days to argue before SCOTUS about a decision that will impact millions of users and creators.
The picture for TikTok isn’t completely bleak. The company has some of the best legal minds in the country arguing on its side. TikTok’s Senior Director of Tech Policy and Senior Counsel is none other than Lisa Hayes, a renowned lawyer with over two decades of experience at the intersection of law and technology. Before joining TikTok, Hayes served as the interim co-CEO at the Center for Democracy & Technology and as Senior Counsel at the American Constitution Society. Her career has been dedicated to protecting democratic values by shaping policies surrounding technology, with a focus on individual rights in the digital age. At TikTok, Hayes has been instrumental in navigating the complicated (and constantly evolving) world of technology policy, ensuring the platform’s policies align with user interests and comply with regulatory requirements.
Leading the charge in TikTok’s defense is Andrew Pincus, a veteran appellate attorney and partner at Mayer Brown LLP in Washington, D.C. Pincus specializes in Supreme Court and appellate litigation and has argued 30 cases before SCOTUS, as well as countless others in federal and state appellate courts. If his name sounds familiar, it might be because he secured a landmark victory in AT&T Mobility v. Concepcion in 2011, a case ranked by Law360 as the most important class action case of the past 15 years. Pincus also served as General Counsel of the U.S. Department of Commerce from 1997 to 2000, where he was pivotal in developing the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act.
Are you impressed yet? You should be. These two attorneys have an intimidating track record of defending tech companies, so if anyone can prepare a defense in two weeks that normally takes nearly 365 days, it’s going to be them.
Typically, cases headed to SCOTUS have nearly a year to prepare for their arguments. Lawyers review every document, study the latest research and witness statements, interpret the laws, and practice their arguments extensively. TikTok isn’t being given that kind of time. Due to political pressure, its case is being fast-tracked toward a looming January 19th deadline when opponents of the app are planning to celebrate the ban’s implementation. This rushed timeline is significant. It openly acknowledges that TikTok isn’t being given the standard amount of time to prepare, raising concerns about fairness and the broader implications for due process in corporate cases moving forward.
SCOTUS has agreed to hear TikTok’s case on a First Amendment basis only. This means TikTok must prove that banning the app would violate free speech rights, infringing on the First Amendment protections of Americans who rely on the platform for expression. While this is TikTok’s best shot at survival, it’s a double-edged sword. The government has based its case for the ban solely on supposed national security concerns—arguments that won’t be addressed in the hearing.
If SCOTUS rules against TikTok, the ban will go into effect on January 19th, triggering a ripple effect in the creator economy—and the economy at large. Creators and businesses stand to lose significant revenue if the platform they rely on for commerce and marketing disappears overnight. A $24 billion loss in GDP isn’t a minor blip; it’s a devastating tidal wave. Beyond this, banning TikTok could set a chilling precedent for other tech companies operating in the U.S., potentially deterring foreign tech firms from investing here. Why build a U.S. presence if it can be wiped out without a second thought?
TikTok’s legal team has an uphill battle ahead of them and precious little time to fight it. The rushed nature of this case could redefine fairness in legal proceedings for corporations across the United States and discourage international tech companies from expanding into the U.S. market. Thankfully, TikTok’s lawyers are already legends in their own right—because this case is shaping up to be one for the history books.
