Report
tiktok-v-garland-us-resp
57 authorities checked
How this report was built
AI inference calls
0
Citations parsed
57
Sources queried
3
Cornell LII, CourtListener, govinfo
Source texts retrieved
43
Quotes checked
80
45 matched in source text
Verification runs deterministically against authoritative public databases. Your brief is not sent to OpenAI, Anthropic, Google, or any other third-party model.
Click any citation below to see how we verified it, the matched source, and a per-quote breakdown.
§Authorities
|
1 Page Agency for International Development v. Alliance for Open Society International, Inc., 591 U.S. 430 (2020) clean
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Agency for Int'l Development v. Alliance for Open Society”.
View matched opinion on CourtListener →
2 Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 2 of 2 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Arcara v. Cloud Books, Inc”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“the First Amendment is not implicated”
Found word-for-word in the opinion.
“move their bookselling business to another location”
Found word-for-word in the opinion.
3 Barenblatt v. United States, 360 U.S. 109 (1959) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Barenblatt v. United States”.
View matched opinion on CourtListener →
Quotes attributed to this authority
4 Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Brown v. Entertainment Merchants Assn”.
View matched opinion on CourtListener →
5 Burson v. Freeman, 504 U.S. 191 (1992) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 7 of 7 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Burson v. Freeman”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“campaign-free zone”
Found word-for-word in the opinion.
“voter intimidation and election fraud.”
Found word-for-word in the opinion.
“ample evidence that political candidates have used campaign workers to commit voter intimidation or electoral fraud”
Found word-for-word in the opinion.
“no evidence”
Found word-for-word in the opinion.
“other forms of solicitation”
Found word-for-word in the opinion.
“to commit such electoral abuses.”
Found word-for-word in the opinion.
“[t]he First Amendment does not require [the government] to regulate for problems that do not exist.”
Found, treating [bracketed] text in the quote as flexible.
6 Califano v. Yamasaki, 442 U.S. 682 (1979) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Califano v. Yamasaki”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“[I]njunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.”
Found word-for-word in the opinion.
7 City of Austin v. Reagan National Advertising of Austin, LLC, 596 U.S. 61 (2022) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “City of Austin v. Reagan National Advertising of Austin, LLC”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“discriminate[s]based on 'the topic discussed or the idea or message expressed.' ”
Found, treating [bracketed] text in the quote as flexible.
8 Clark v. Community for Creative Non-Violence, 468 U.S. 288 (1984) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Clark v. Community for Creative Non-Violence”.
View matched opinion on CourtListener →
9 Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94 (1973) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Columbia Broadcasting System, Inc. v. Democratic National Committee”.
View matched opinion on CourtListener →
10 Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640 (1981) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Heffron v. International Society for Krishna Consciousness, Inc”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“[T]he First Amendment does not guarantee the right to communicate one's views at all times and places or in any manner that may be desired.”
Found word-for-word in the opinion.
11 Hernandez v. Mesa, 589 U.S. 93, 113 (2020) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Hernandez v. Mesa”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“Foreign policy and national security decisions are 'delicate, complex, and involve large elements of prophecy' for which 'the Judiciary has neither aptitude, facilities, nor responsibility.' ”
Found word-for-word in the opinion. Brief signaled: “(citation omitted)”.
12 Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) flagged
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
11 of 12 located
Why we flagged this
- At least one attributed quote wasn't located in the retrieved text.
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Holder v. Humanitarian Law Project”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“sensitive and weighty”
Found word-for-word in the opinion.
“national security and foreign affairs,”
Found word-for-word in the opinion.
“evaluation of the facts by the Executive, like Congress's assessment, is entitled to deference.”
Found word-for-word in the opinion.
“specific skill”
Found word-for-word in the opinion. Brief signaled: “(citation omitted)”.
“specialized knowledge”
Found word-for-word in the opinion. Brief signaled: “(citation omitted)”.
“[i]t is vital * * * 'not to substitute [the Court's] own evaluation of evidence for a reasonable evaluation by the Legislative Branch,' ”
The brief's quote matches 70% of the cited opinion, but in separate passages — not as one continuous quote. This typically means the brief either paraphrased inside the quotation marks (Bluebook Rule 5.2 requires brackets for any substitution) or silently omitted intervening text (Bluebook Rule 5.3 requires “. . .” for omissions). Compare the brief's quotation against the cited opinion.
What diverges
brief: …t is vital * * * not to substitute own evaluation of evidence fo…
opinion: …con text not to substitute... our own evaluation of evidence fo…
“confront evolving threats in an area where information can be difficult to obtain and the impact of certain conduct difficult to assess.”
Found word-for-word in the opinion.
“designated foreign terrorist organizations”
Found word-for-word in the opinion.
“displayed a careful balancing of interests in creating limited exceptions”
Found word-for-word in the opinion.
“Congress has been conscious of its own responsibility to consider how its actions may implicate constitutional concerns.”
Found word-for-word in the opinion.
“[i]n this [national-security and foreign-policy] context, conclusions must often be based on informed judgment rather than concrete evidence, and that reality affects what [courts] may reasonably insist on from the Government.”
Found, treating [bracketed] text in the quote as flexible.
“The Government, when seeking to prevent imminent harms in the context of international affairs and national security, is not required to conclusively link all the pieces in the puzzle before [the Court] grant[s]weight to its empirical conclusions.”
Found, treating [bracketed] text in the quote as flexible.
13 Kovacs v. Cooper, 336 U.S. 77 (1949) flagged
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
1 of 2 located
Why we flagged this
- At least one attributed quote wasn't located in the retrieved text.
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Kovacs v. Cooper”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“ for their particular posts than by other platforms "is not enough to call forth constitutional protection" in light of the serious national-security concerns identified by the Legislative and Executive Branches. Kovacs v. Cooper, 336 U.S. 77, 88-89 (1949). Even with respect to the availability of TikTok itself, moreover, petitioners overstate the Act's likely effect on TikTok's users. Notwithstanding petitioners' alarmist predictions, this Court should not presume that, if it were to sustain the Act's application to TikTok, Byte-Dance would actually choose to permanently shut down TikTok in the United States-and entirely squander that platform domestically-rather than effectuate a qualified divestiture that would recoup substantial value. At a minimum, Congress could reasonably have anticipated that the Act would result in such a divestiture. Cf. J.A. 64 (observing that TikTok "has assets that can be sold apart from the recommendation engine, including its codebase; large user base, brand value, and goodwill; and property owned by TikTok"). The assessment of petitioners' First Amendment claims should take account of that practical reality. Cf. Trump v. Mazars USA, LLP, 591 U.S. 848, 867 (2020) (courts should not be ”
Not found in the cited opinion. We tried exact matching, bracketed substitutions, ellipsis-split joins, and punctuation-tolerant matching — none matched.
“is not enough to call forth constitutional protection”
Found word-for-word in the opinion.
14 Lamont v. Postmaster General, 381 U.S. 301 (1965) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 2 of 2 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Lamont v. Postmaster General”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“communist political propaganda”
Found word-for-word in the opinion.
“the flow of ideas to the public”
Found word-for-word in the opinion.
15 Marland v. Trump, 498 F. Supp. 3d 624 (E.D. Pa. 2020) clean
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The brief's reporter triple is independently confirmed by leagle.com's volume index, and CourtListener's docket index identifies the same case. Matched docket: “MARLAND v. TRUMP”.
View matched docket on CourtListener →
View case page on GovInfo →
16 Members of City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Members of the City Council of Los Angeles v. Taxpayers for Vincent”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“ample alternative modes of communication”
Found word-for-word in the opinion.
17 Moody v. NetChoice, LLC, 603 U.S. 707 (2024) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Moody v. NetChoice, LLC”.
View matched opinion on CourtListener →
18 Moving Phones Partnership v. FCC, 998 F.2d 1051 (D.C. Cir. 1993) clean
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Moving Phones Partnership L.P. v. Federal Communications Commission”.
View matched opinion on CourtListener →
19 Cases-Continued: Page Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274 (1977) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Mt. Healthy City School District Board of Education v. Doyle”.
View matched opinion on CourtListener →
20 Murthy v. Missouri, 603 U.S. 43 (2024) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Murthy v. Missouri”.
View matched opinion on CourtListener →
21 NRA v. Vullo, 602 U.S. 175 (2024) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “National Rifle Association of America v. Vullo”.
View matched opinion on CourtListener →
22 Pacific Networks Corp. v. FCC, 77 F.4th 1160 (D.C. Cir. 2023) flagged
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
0 of 1 located
Why we flagged this
- At least one attributed quote wasn't located in the retrieved text.
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Pacific Networks Corp. v. FCC”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“concern[s]about espionage and other threats from Chinese-owned telecommunications companies.”
The brief's quote matches 91% of the cited opinion, but in separate passages — not as one continuous quote. This typically means the brief either paraphrased inside the quotation marks (Bluebook Rule 5.2 requires brackets for any substitution) or silently omitted intervening text (Bluebook Rule 5.3 requires “. . .” for omissions). Compare the brief's quotation against the cited opinion.
What diverges
brief: …and other threats from chinese-owned telecommunications compa…
opinion: …and other threats from chineseowned telecommunications compa…
23 Reed v. Town of Gilbert, 576 U.S. 155 (2015) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Reed v. Town of Gilbert”.
View matched opinion on CourtListener →
24 Rumsfeld v. Forum for Academic & Institutional Rights, Inc., 547 U.S. 47 (2006) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Rumsfeld v. Forum for Academic and Institutional Rights, Inc”.
View matched opinion on CourtListener →
25 Sable Communications of California, Inc. v. FCC, 492 U.S. 115 (1989) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Sable Communications of California, Inc. v. Federal Communications Commission”.
View matched opinion on CourtListener →
Quotes attributed to this authority
26 Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) flagged
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
0 of 1 located
Why we flagged this
- At least one attributed quote wasn't located in the retrieved text.
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Sorrell v. IMS Health Inc”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“the First Amendment does not prevent restrictions directed at commerce * * * from imposing incidental burdens on speech”
The brief's quote matches 96% of the cited opinion, but in separate passages — not as one continuous quote. This typically means the brief either paraphrased inside the quotation marks (Bluebook Rule 5.2 requires brackets for any substitution) or silently omitted intervening text (Bluebook Rule 5.3 requires “. . .” for omissions). Compare the brief's quotation against the cited opinion.
What diverges
brief: …rictions directed at commerce * * * from imposing incidental burd…
opinion: …rictions directed at commerce or conduct from imposing incidental burd…
27 Texas v. Lesage, 528 U.S. 18 (1999) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Texas v. Lesage”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“discrete governmental decision[s],”
Found word-for-word in the opinion.
28 TikTok Inc. v. Trump, 490 F. Supp. 3d 73 (D.D.C. 2020) clean
Case exists as cited?
Pass
· low confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The brief's reporter triple is independently confirmed by leagle.com's volume index, and CourtListener's docket index identifies the same case.
View matched docket on CourtListener →
View opinion on GovInfo →
29 TikTok Inc. v. Trump, 507 F. Supp. 3d 92 (D.D.C. 2020) clean
Case exists as cited?
Pass
· low confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
N/A
· no quotes to check
How we matched this
The brief's reporter triple is independently confirmed by leagle.com's volume index, and CourtListener's docket index identifies the same case.
View matched docket on CourtListener →
View opinion on GovInfo →
30 Trump v. Hawaii, 585 U.S. 667 (2018) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Trump v. Hawaii”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“ 'when it comes to collecting evidence and drawing inferences' on questions of national security, 'the lack of competence on the part of the courts is marked.' ”
Found word-for-word in the opinion. Brief signaled: “(citations omitted)”.
31 Trump v. Mazars USA, LLP, 591 U.S. 848 (2020) Also appears within the block quote of Kovacs v. Cooper brief quality retrieval gap
Case exists as cited?
Pass
· medium confidence
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· opinion text unavailable
Brief-quality observations
- A case named 'Trump v. Mazars USA, LLP' exists in CourtListener at [{'volume': '140', 'reporter': 'S. Ct.', 'page': '2019'}, {'volume': '207', 'reporter': 'L. Ed. 2d', 'page': '951'}] (scotus, 2020), but the brief's citation does not match.
How we matched this
The brief's reporter triple is independently confirmed by leagle.com's volume index, and CourtListener's docket index identifies the same case.
Why we couldn't check the quotes
We couldn't retrieve any opinion text for this citation from our public sources. The case may only be available on a paid service like Westlaw or Lexis. Without the text, we can't check whether the brief's quotes appear in the opinion.
Quotes attributed to this authority
These quotes have not been verified because the opinion text wasn't available.
what 'all others can see and understand'
Not verified: opinion text unavailable.
32 Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622 (1994) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 2 of 2 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Turner Broadcasting System, Inc. v. Federal Communications Commission”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“unfair competition by cable systems.”
Found word-for-word in the opinion.
“courts must accord substantial deference to the predictive judgments of Congress.”
Found word-for-word in the opinion.
33 Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180 (1997) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Turner Broadcasting System, Inc. v. Federal Communications Commission”.
View matched opinion on CourtListener →
Quotes attributed to this authority
34 United States v. O'Brien, 391 U.S. 367 (1968) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 2 of 2 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “United States v. O'Brien”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“there is nothing necessarily expressive about such conduct,”
Found word-for-word in the opinion.
“this Court will not strike down an otherwise constitutional statute on the basis of an alleged illicit legislative motive.”
Found word-for-word in the opinion.
35 United States v. Stanchich, 550 F.2d 1294 (2d Cir. 1977) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “United States v. Eric Stanchich”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“Judges are not required to exhibit a naivete from which ordinary citizens are free.”
Found — minor punctuation or spacing differences.
36 Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977) flagged
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
0 of 1 located
Why we flagged this
- At least one attributed quote wasn't located in the retrieved text.
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Village of Arlington Heights v. Metropolitan Housing Development Corp”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“that Congress would have passed the Act for data-protection reasons alone.”
Not found in the cited opinion. We tried exact matching, bracketed substitutions, ellipsis-split joins, and punctuation-tolerant matching — none matched.
37 Virginia v. Hicks, 539 U.S. 113 (2003) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Virginia v. Hicks”.
View matched opinion on CourtListener →
Quotes attributed to this authority
38 Ward v. Rock Against Racism, 491 U.S. 781 (1989) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Ward v. Rock Against Racism”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“retain the character of [the recreation area] and its more sedate”
Found, treating [bracketed] text in the quote as flexible.
39 Cases-Continued: Page Williams-Yulee v. Florida Bar, 575 U.S. 433 (2015) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 4 of 4 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Williams-Yulee v. Florida Bar”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“narrowly tailored to serve a compelling interest.”
Found word-for-word in the opinion.
“may focus on their most pressing concerns.”
Found word-for-word in the opinion. Brief signaled: “(citation omitted)”.
“ 'protecting the integrity of the judiciary,' ”
Found word-for-word in the opinion. Brief signaled: “(citation omitted)”.
“aim[ed] squarely at the conduct most likely to undermine public confidence in the integrity of the judiciary.”
Found, treating [bracketed] text in the quote as flexible. Brief signaled: “(citation omitted)”.
40 Yee v. City of Escondido, 503 U.S. 519 (1992) clean
Case exists as cited?
Pass
· high confidence
Opinion text retrieved?
Yes
Quotes found in opinion?
Pass· 1 of 1 located
How we matched this
The citation's reporter triple appears in CourtListener's index, matched to “Yee v. City of Escondido”.
View matched opinion on CourtListener →
Quotes attributed to this authority
“[o]nce a federal claim is properly presented, a party can make any argument in support of that claim; parties are not limited to the precise arguments they made below,”
Found word-for-word in the opinion.
41 2024 WL 4996719 flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
42 85 Fed. Reg. at 48,637 flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· opinion text unavailable
Why we flagged this
- No matching case-law record found via CourtListener (citation lookup, docket lookup, name search), court-specific adapters, govinfo, or web search. The citation triple did not appear in any of our case-law databases.
- We couldn't retrieve the source text from any of our public sources.
Why we couldn't check the quotes
We couldn't retrieve any opinion text for this citation from our public sources. The case may only be available on a paid service like Westlaw or Lexis. Without the text, we can't check whether the brief's quotes appear in the opinion.
Quotes attributed to this authority
These quotes have not been verified because the opinion text wasn't available.
the spread in the United States of mobile applications developed and owned by companies in [China] continues to threaten the national security, foreign policy, and economy of the United States.
Not verified: opinion text unavailable.
43 AOSI, 591 U.S. at 436 brief quality flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Brief-quality observations
- Short-form citation used without a preceding full citation in the brief.
44 AOSI, 591 U.S. at 438 brief quality flagged
Case exists as cited?
Not verified
Opinion text retrieved?
No
Quotes found in opinion?
N/A
· no quotes to check
Brief-quality observations
- Short-form citation used without a preceding full citation in the brief.
45 Pub. L. No. 117-328 clean
Citation exists?
Pass
· medium confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
How we matched this
Resolved as a non-case authority (statute, rule, or regulation).
View matched page on GovInfo →
46 136 Stat. 5258 manual verify
Citation exists?
Not verified
Source text retrieved?
No
Quotes found in source?
N/A
· no quotes to check
Please verify this one manually
This citation falls outside our automated coverage. Law reviews, treatises, restatements, and legislative packages predating govinfo's collection window don't have a free full-text source we can reliably retrieve. The citation itself looks well-formed; a reviewer with access to HeinOnline, Westlaw, Lexis, or a law library can confirm. This isn't a defect in the citation; it's a coverage gap in our automated sources.
47 Pub. L. No. 118-50 clean
Citation exists?
Pass
· medium confidence
Source text retrieved?
Yes
Quotes found in source?
N/A
· no quotes to check
How we matched this
Resolved as a non-case authority (statute, rule, or regulation).
View matched page on GovInfo →
48 138 Stat. 955 manual verify
Citation exists?
Not verified
Source text retrieved?
No
Quotes found in source?
N/A
· source text unavailable
Please verify this one manually
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distribute, maintain, or update
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foreign adversary controlled application
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49 138 Stat. 956 manual verify
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qualified divestiture.
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a path to executing a qualified divestiture has been identified,
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evidence of significant progress toward executing
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has been produced,
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50 138 Stat. 957 manual verify
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operated, directly or indirectly,
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foreign adversary controlled application
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covered company
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determined by the President to present a significant threat to the national security of the United States
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whose primary purpose is to allow users to post product reviews, business reviews, or travel information or reviews.
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domiciled in
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controlled by a foreign adversary
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foreign adversary controlled application
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52 138 Stat. 959 manual verify
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no longer being controlled by a foreign adversary,
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precludes the establishment or maintenance of any operational relationship between the United States operations
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and any formerly affiliated entities that are controlled by a foreign adversary.
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53 85 Fed. Reg. 48,637 manual verify
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data collection threatens to allow the Chinese Communist Party access to Americans' personal and proprietary information,
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track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage.
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54 86 Fed. Reg. 31,423 manual verify
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65 First Amendment Also appears within the block quote of Kovacs v. Cooper clean
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View text on Cornell Law (LII) →
66 U.S. Const. Amend. I clean
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View text on Cornell Law (LII) →
§Record & filing references (139)
Citations to filings in this case or its record — appendices, docket entries, pleadings. These aren't published authority, so we don't retrieve or verify them. They're listed here so every citation in the brief is accounted for.
J.A. 8
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- TikTok is a social-media platform that lets users create, upload, and watch short video clips overlaid with text, voiceovers, and music.
- TikTok's success rests in large part on its proprietary algorithm, owned by ByteDance and engineered and stored in the PRC, which drives the platform's Recommendation Engine.
J.A. 673
appendix
not verified
J.A. 36
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- at least 138 employees,
- the PRC maintains a powerful Chinese Communist Party committee 'embedded in ByteDance' through which it can 'exert its will on the company.'
- uses its cyber capabilities to support its influence campaigns around the world
- undermine democracy
- Byte-Dance, which is subject to PRC laws requiring cooperation with the PRC, could do so by acting unilaterally or by conscripting its U.S. entities.
J.A. 213
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- majority of states
- banned TikTok on state government devices
- the power to access and control private data
- several federal agencies, including the Departments of Defense, State, and Homeland Security,
- TikTok on devices for which those specific agencies are responsible.
J.A. 44
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- new owners could circulate the same mix of content as before without running afoul of the Act
- [p]eople in the United States could continue to engage with content on TikTok as at present.
- the only change worked by the Act is that the PRC could not 'manipulate the public debate through coercion rather than persuasion.'
- follows the Government's well-established practice of placing restrictions on foreign ownership or control where it could have national security implications.
- Were a divestiture to occur,
J.A. 34
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- has engaged in 'extensive and yearslong efforts to accumulate structured datasets, in particular on U.S. persons, to support its intelligence and counterintelligence operations.'
- hacking operations,
- and taking 'reams' of personal data, stealing financial data on 147 million Americans from a credit-reporting agency, and 'almost certainly' extracting health data on nearly 80 million Americans from a health insurance provider.
- PRC is the most active and persistent cyber espionage threat to U.S. government, private-sector, and critical infrastructure networks.
J.A. 35
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- 'part of the PRC's broader geopolitical and long-term strategy to undermine U.S. national security,'
- the PRC endeavors strategically to pre-position commercial entities in the United States that the PRC can later 'co-opt'
- hybrid commercial threat,
- a global phenomenon that allow[s]foreign governments-and the PRC in particular-to take advantage of legitimate business operations and leverage commercial access to pursue strategic national goals,
- PRC endeavors strategically to preposition commercial entities in the United States that the PRC can later 'co-opt'
- hybrid commercial threat[s]
- that enable it to access and use data held by Chinese companies.
- conduct espionage, technology transfer, data collection, and other disruptive activities under the disguise of an otherwise legitimate commercial activity.
J.A. 38
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- It may also collect image and audio information (including biometric identifiers and biometric information such as faceprints and voiceprints); metadata (describing how, when, where, and by whom content was created, collected, or modified); and usage information (including content that users upload to TikTok).
J.A. 59
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- controlled by a foreign adversary
- participated in a prolonged negotiation with the Executive that featured numerous meetings and several proposals
- received individualized consideration by the Congress prior to being required to divest.
- different substantive standards
J.A. 1-92
appendix
not verified
J.A. 8, 10
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- provides the TikTok platform to users in the United States,
- is the ultimate parent of Tik-Tok.
- originally developed
- 'computer code that runs the TikTok platform.'
J.A. 637
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- primarily operat[es] out of offices in the PRC.
Blackburn Decl. ¶ 39
party filing
not verified
J.A. 671-672
appendix
not verified
Newman Decl. ¶ 9
party filing
not verified
J.A. 10
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- highly integrated with ByteDance.
J.A. 210-227
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- What a TikTok user sees on the platform is determined by a recommendation engine, company content moderation decisions, and video promotion and filtering decisions.
Newman Decl. ¶ 15
party filing
not verified
J.A. 64
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- has assets that can be sold apart from the recommendation engine, including its codebase; large user base, brand value, and goodwill; and property owned by TikTok
J.A. 649
appendix
not verified
Blackburn Decl. ¶ 78
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Because of the authoritarian structures and laws of the PRC regime, Chinese companies lack meaningful independence from the PRC's agenda and objectives.
Newman Decl. ¶ 17
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- As a result, even putatively 'private' companies based in China do not operate with independence from the government.
- Because of the authoritarian structures and laws of the PRC regime, Chinese companies lack meaningful independence from the PRC's agenda and objectives.
J.A. 657
appendix
not verified
Vorndran Decl. ¶ 6
party filing
not verified
Party. J.A. 212
party filing
not verified
J.A. 630
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- undercut U.S. influence, drive wedges between the United States and its partners, surpass the United States in comprehensive national power, and foster norms that favor the PRC's authoritarian system.
Blackburn Decl. ¶ 16
party filing
not verified
J.A. 212
appendix
not verified
J.A. 659-662
appendix
not verified
Vorndran Decl. ¶¶ 17-33
party filing
not verified
J.A. 673-676
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- assist or cooperate
- intelligence work
Newman Decl. ¶¶ 16-25
party filing
not verified
J.A. 217
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- control the recommendation algorithm, which could be used for influence operations.
J.A. 647-649
appendix
not verified
Blackburn Decl. ¶¶ 68-69
party filing
not verified
J.A. 633
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- a campaign of harassment against pro-democracy dissidents in the United States.
Blackburn Decl. ¶ 28
party filing
not verified
J.A. 641, 644
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- taken action in response to PRC demands to censor content outside of China
- a demonstrated history of manipulating the content on [TikTok], including at the direction of the PRC,
- taken action in response to PRC demands to censor content outside of China
- ha[s] a demonstrated history of manipulating the content on [its] platforms, including at the direction of the PRC.
Blackburn Decl. ¶¶ 54
party filing
not verified
States. J.A. 647
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- ByteDance and TikTok similarly would try to comply if the PRC asked for specific actions to be taken to manipulate content for censorship, propaganda, or other malign purposes on TikTok
Blackburn Decl. ¶ 69
party filing
not verified
J.A. 634
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- sow doubts about U.S. leadership,
- undermine democracy,
- counter other countries' policies that threaten the PRC's interests,
- magnify U.S. societal divisions in ways favorable to the PRC.
Blackburn Decl. ¶ 29
party filing
not verified
J.A. 678-681
appendix
not verified
Newman Decl. ¶¶ 36-48
party filing
not verified
J.A. 680
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Executive Branch personnel in 2021 and 2022 reviewed dozens of proposed draft mitigation terms and held a series of meetings,
- engaged in extensive, in-depth discussions with Oracle,
- stor[e]data in the United States
- perform[] source code review.
Newman Decl. ¶ 44
party filing
not verified
Newman Decl. ¶ 45
party filing
not verified
J.A. 680-681
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- national security agreement
- sufficiently address the identified national security risks.
Newman Decl. ¶¶ 47
party filing
not verified
J.A. 686
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- still permitted certain data of U.S. users to flow to China
- would ultimately have relied on the Executive Branch trusting ByteDance to make day-to-day business decisions that enforce the mitigation measures even as the Executive Branch lacked the resources and capabilities to fully monitor and verify ByteDance's compliance.
Newman Decl. ¶ 75
party filing
not verified
J.A. 218
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- due to the national security threat posed by the application.
J.A. 214-221
appendix
not verified
J.A. 711
appendix
not verified
Newman Decl. ¶ 122
party filing
not verified
J.A. 220
appendix
not verified
Doc. 2066895
docket filing
not verified
Doc. 2069332
docket filing
not verified
Doc. 2073185
docket filing
not verified
J.A. 64-65
appendix
not verified
J.A. 24
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- assume[d] without deciding
J.A. 25
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- passes muster even under
- demanding standard,
TikTok. J.A. 32
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- emphasize[d]
J.A. 32
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- investigate the national security risks posed by the TikTok platform
- was the culmination of extensive, bipartisan action by the Congress and by successive Presidents.
J.A. 11-16, 42, 51-52
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- both political branches
- multi-year efforts
J.A. 33
appendix
not verified
J.A. 34-35
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- to support its intelligence and counterintelligence operations,
- hacking
- data held by Chinese companies.
- using 'its relationships with Chinese companies,' making 'strategic investments in foreign companies,' and 'purchasing large data sets,'
- 'to acquire sensitive health and genomic data on U.S. persons' by investing in firms that have or have access to such data.
J.A. 38-39
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- large swaths of data
- significant vulnerability
- do[] not deny that [TikTok] collects a substantial amount of data on its users,
- misses the forest for the trees.
- that TikTok collects 'precise' location information from users.
J.A. 43
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- position[ing] itself to manipulate public discourse on TikTok in order to serve its own ends.
J.A. 41
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- often must be 'based on informed judgment.'
- [t]he Government 'need not wait for a risk to materialize' before acting
J.A. 39, 41-42, 47-48
appendix
not verified
J.A. 48
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- limited to foreign adversary control of a substantial medium of communication and include[s] a divestiture exemption.
J.A. 48-57
appendix
not verified
J.A. 49
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- data protections for Americans,
- still contemplated extensive contacts
J.A. 50-52
appendix
not verified
J.A. 53-55
appendix
not verified
J.A. 66-92
appendix
not verified
J.A. 66
appendix
not verified
J.A. 66, 76
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- designated foreign adversary
- reasons lying outside the First Amendment's heartland
- to exploit the TikTok platform
- covertly manipulat[ing] the content flowing to
J.A. 67
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Congress's decision to condition TikTok's continued operation in the United States on severing Chinese control is not a historical outlier.
- severing Chinese control is not a historical outlier,
- is in line with a historical pattern.
J.A. 67-71
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- concerns about the prospect of foreign control over mass communications channels in the United States are of age-old vintage
J.A. 77
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- dataprotection rationale is plainly content neutral,
- data-protection rationale has nothing to do with the expressive activity taking place on the TikTok platform.
J.A. 78
appendix
not verified
J.A. 81
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- only prevents the PRC from secretly manipulating content on a specific channel of communication that it ultimately controls,
- speaker (non)preference
- is not grounded in a content preference.
- a time, place, or manner regulation,
J.A. 83-88
appendix
not verified
J.A. 88-91
appendix
not verified
Doc. 2089581
docket filing
not verified
J.A. 72-74
appendix
not verified
J.A. 74
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- leave untouched [the subsidiary's] expression on a post-divestment version of the
- speech and curation choices.
J.A. 75
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- recommendation engine
J.A. 26
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- disproportionate burden
J.A. 77-82
appendix
not verified
J.A. 78-82
appendix
not verified
J.A. 79
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- prevent the PRC's secret curation of content flowing to U.S. users regardless of the topic, idea, or message conveyed.
J.A. 80
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- the concern is with the PRC's manipulation of the app to advance China's interestsnot China's views,
- to augment anti-China, pro-U.S. content
- to stir an impression of elevated anti-China sentiment
- to conjure a justification for actions China would like to take against the United States.
J.A. 657-658
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- U.S. subsidiaries of Chinese parent corporations remain subject to PRC jurisdiction and laws,
Vorndran Decl. ¶ 10
party filing
not verified
States. J.A. 36
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- ByteDance and TikTok entities 'would try to comply if the PRC asked for specific actions to be taken'
J.A. 687
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- PRCbased companies like ByteDance are compelled to cooperate with PRC law enforcement requests and are prohibited from disclosing that cooperation.
Newman Decl. ¶ 78
party filing
not verified
J.A. 647
appendix
not verified
Blackburn Decl. ¶ 71
party filing
not verified
J.A. 39
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Access to such information could, for example, allow the PRC to 'track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage.'
- TikTok's own declarants provide support for the Government concern
J.A. 661
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Forbes reported that ByteDance employees used IP address locations to track multiple journalists covering the company.
Vorndran Decl. ¶ 29
party filing
not verified
J.A. 697
appendix
not verified
Newman Decl. ¶ 98
party filing
not verified
Doc. 2068242, at 22-23
docket filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- current versions of the application do not collect GPS location information.
J.A. 42
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- the First Amendment imposes no freestanding 'underinclusiveness limitation,'
- need not address all aspects of a problem in one fell swoop
J.A. 705-706
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- would never agree
- cease collecting U.S. user data or sending it to Beijing to train the algorithm
Newman Decl. ¶ 115
party filing
not verified
J.A. 691-692
appendix
not verified
Newman Decl. ¶ 85
party filing
not verified
J.A. 694
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- Executive Branch concluded that ByteDance lacked the baseline trust required of parties to mitigation agreements.
Newman Decl. ¶ 91
party filing
not verified
J.A. 15
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- The Executive also did not trust that ByteDance and [one of its subsidiaries] would comply in good faith with the [proposed national security agreement].
- [e]ntangl[e]the U.S. government in the daily operations of a major communications platform
- have 'sufficient visibility into and resources to monitor' compliance
J.A. 34-42
appendix
not verified
J.A. 633-634
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- magnify[ing] U.S. societal divisions in ways favorable to the PRC.
Blackburn Decl. ¶¶ 28-29
party filing
not verified
J.A. 661-662
appendix
not verified
Vorndran Decl. ¶¶ 30-33
party filing
not verified
J.A. 44, 67-70
appendix
not verified
J.A. 68, 70
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- core political speech
- more lighthearted fare
J.A. 54
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- naïve
J.A. 687-689
appendix
not verified
Newman Decl. ¶¶ 78-80
party filing
not verified
J.A. 384
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- approximately 1,000
- each day
J.A. 49-53
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- national security agreement
J.A. 53
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- raise its own set of First Amendment questions.
J.A. 42, 56, 58
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- controlled by a foreign adversary
J.A. 41-42
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- pre-positioned
- well founded, not speculative
J.A. 85
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- the damage [is] done before taking action to avert it.
Blackburn Decl. ¶¶ 10-13
party filing
not verified
Vorndran Decl. ¶¶ 7-9
party filing
not verified
Newman Decl. ¶¶ 83
party filing
not verified
States. J.A. 38
party filing
not verified
Quoted language the brief sources to this reference (not to a cited case):
- an immensely popular platform
J.A. 91
appendix
not verified
J.A. 92
appendix
not verified
Quoted language the brief sources to this reference (not to a cited case):
- maintain[] the app and its algorithm for American users,