Dan Epps

The lovely special app. What is this? I don't remember what the app is called. Case Viewer that gives you instant fingertip access to cases from the Supreme Court and other courts. And you called it Judge Celia. who is the judge who goes out of his way to use the kind of pretentious words.

Yeah. Sorry, Judge Celia, you have not entered the firmament of the parenthetical. Okay, well, congrats to a friend of the show, Ashley Keller. Opposing her clerk, incidentally. Oh, yeah, yeah. It all goes full circle. Okay, nothing else to say about that one, but kind of an interesting one. So now, let's deliver. We... We promised and delivered. We neither under nor over promised.

Yeah. Sorry, Judge Celia, you have not entered the firmament of the parenthetical. Okay, well, congrats to a friend of the show, Ashley Keller. Opposing her clerk, incidentally. Oh, yeah, yeah. It all goes full circle. Okay, nothing else to say about that one, but kind of an interesting one. So now, let's deliver. We... We promised and delivered. We neither under nor over promised.

And we are now neither under nor over delivering. We are delivering on our promise to talk in some way about TikTok incorporated versus Garland, which is consolidated with Fireball versus Garland. Fireball is a TikTok user, right? Yes. And there are other that consolidated case. There's not just one user, but a number of users. of creators.

And we are now neither under nor over delivering. We are delivering on our promise to talk in some way about TikTok incorporated versus Garland, which is consolidated with Fireball versus Garland. Fireball is a TikTok user, right? Yes. And there are other that consolidated case. There's not just one user, but a number of users. of creators.

I don't know if TikTok creators have, I don't know if there's a special name for them, talkers who are suing about a statute. The Protecting Americans from Foreign Adversary Controlled Applications Act. Nobody seems to call this

I don't know if TikTok creators have, I don't know if there's a special name for them, talkers who are suing about a statute. The Protecting Americans from Foreign Adversary Controlled Applications Act. Nobody seems to call this

Yeah, I was wondering when I was reading first read the name of the statute, I was like, is this one of those ones where Congress wrote it to come up with a clever acronym? But but no. OK, so how does this what is this law about? This law is about TikTok and other stuff. Right. I mean, it does. It is explicitly about TikTok and TikTok's beneficial owner, ByteDance. Right. But not not exclusively.

Yeah, I was wondering when I was reading first read the name of the statute, I was like, is this one of those ones where Congress wrote it to come up with a clever acronym? But but no. OK, so how does this what is this law about? This law is about TikTok and other stuff. Right. I mean, it does. It is explicitly about TikTok and TikTok's beneficial owner, ByteDance. Right. But not not exclusively.

There are some other provisions there.

There are some other provisions there.

Yeah, or 270 days for the other companies, 270 days from when they are designated as such by the president.

Yeah, or 270 days for the other companies, 270 days from when they are designated as such by the president.

Yeah. And the deadline, as you said, January 19th, 2025. We're recording this on the 17th. This episode will presumably be out the 18th or the 19th. I did think there was one piece of – this is so petty, but I think there was one piece of kind of clunky writing on page five.

Yeah. And the deadline, as you said, January 19th, 2025. We're recording this on the 17th. This episode will presumably be out the 18th or the 19th. I did think there was one piece of – this is so petty, but I think there was one piece of kind of clunky writing on page five.

It says, because the act itself designates applications operated by ByteDance and TikTok prohibitions as to those applications take effect 270 days after the enactment, M-January 19th, 2025. I found that sentence ambiguously written as to whether... I knew the answer, but just as written, it was like, is that the date of the enactment or is that the 270 days after?

It says, because the act itself designates applications operated by ByteDance and TikTok prohibitions as to those applications take effect 270 days after the enactment, M-January 19th, 2025. I found that sentence ambiguously written as to whether... I knew the answer, but just as written, it was like, is that the date of the enactment or is that the 270 days after?

Okay, okay, okay. Still, on first read, I was just like, oh, it could have been better. This is a per curiam, by the way, that I think most of us think was written by the Chief Justice. What do you think?

Okay, okay, okay. Still, on first read, I was just like, oh, it could have been better. This is a per curiam, by the way, that I think most of us think was written by the Chief Justice. What do you think?

And this is interesting, though. This was a shadow docket, except it was orally argued last week.