TikTok Seeks Supreme Court Help Against Potential Ban

By Mike Scarcella
(Reuters) – TikTok and its Chinese parent company, ByteDance, have engaged a seasoned U.S. Supreme Court lawyer as they prepare to request the justices block a law that could ban the popular short video platform in the U.S.

Noel Francisco, who held the position of U.S. solicitor general during former President Donald Trump's first term, will represent TikTok alongside his partner Hashim Mooppan from the law firm Jones Day, according to court documents.

From 2017 to 2020, Francisco served as the Justice Department’s leading advocate at the Supreme Court, defending Trump's travel ban affecting six predominantly Muslim countries. He has argued over 20 cases before the high court.

The Justice Department, under Trump’s next administration beginning Jan. 20, is responsible for defending the proposed TikTok ban. Trump has previously stated he would not permit TikTok to be banned.

Neither Francisco, Mooppan, nor Jones Day provided immediate comments. The Justice Department declined to address the matter, and TikTok did not comment on Francisco's appointment.

In April, President Joe Biden signed legislation mandating ByteDance to divest TikTok by Jan. 19, 2025, or encounter a nationwide ban. U.S. lawmakers assert TikTok poses national security threats as China could compel the firm to share data about its 170 million monthly users. TikTok has consistently denied any obligation to the Chinese government.

Recently, the U.S. Court of Appeals for the D.C. Circuit determined that the law was constitutional. On Monday, ByteDance requested the D.C. Circuit halt the law until the Supreme Court reviews the case.

Francisco's firm was involved in advising Trump’s 2016 presidential campaign, and numerous Jones Day lawyers played significant roles during Trump's initial term.

Currently, Francisco is representing major U.S. gun manufacturers before the Supreme Court in relation to a lawsuit by Mexico, claiming they contributed to illegal trafficking.