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TikTok Enlists Veteran Supreme Court Advocate to Fight Potential US Ban

By  |  December 10, 2024

TikTok and its Chinese parent company, ByteDance, have sought the expertise of a seasoned U.S. Supreme Court attorney as they prepare to challenge a law that could lead to a nationwide ban of the popular video-sharing platform. According to Reuters, Noel Francisco, a former U.S. solicitor general under President Donald Trump, will represent TikTok in its upcoming legal battle alongside his law firm colleague Hashim Mooppan at Jones Day.

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    Francisco, who served as the top Supreme Court advocate for the Department of Justice from 2017 to 2020, has a notable history of defending controversial measures, including Trump’s travel ban on individuals from six predominantly Muslim countries. With over 20 cases argued before the Supreme Court, Francisco brings extensive experience to TikTok’s high-stakes legal fight.

    Related: TikTok Seeks Emergency Block on Divestment Law Ahead of Supreme Court Review

    The Justice Department is responsible for defending the law, which was passed in April and requires ByteDance to divest TikTok by January 19, 2025, or face a nationwide ban. Per Reuters, the legislation was signed by Democratic President Joe Biden amid national security concerns raised by lawmakers, who argue that the Chinese government could potentially compel TikTok to share data from its 170 million U.S. users. ByteDance has consistently denied any obligation to the Chinese government.

    The U.S. Court of Appeals for the D.C. Circuit recently upheld the law’s constitutionality, prompting ByteDance to request that the court delay the law’s implementation while the company seeks a review by the Supreme Court. TikTok has declined to comment on its decision to hire Francisco, and neither Francisco, Mooppan, nor Jones Day provided immediate responses to inquiries.

    Reuters notes that Francisco and Jones Day have a longstanding association with Trump’s political endeavors, including advisory roles in his 2016 presidential campaign. Francisco is also currently representing major U.S. gun manufacturers in a case before the Supreme Court involving allegations by Mexico of complicity in illegal firearms trafficking.

    Source: Reuters