Gus Hurwitz on Meta’s Constitutional Challenge of the FTC

Politico Pro – ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by Politico Pro about the lawsuit filed by Meta challenging the constitutionality of the Federal Trade Commission’s enforcement actions. You can read full piece here.

Gus Hurwitz, director of the law and economics programs at the International Center for Law & Economics in Portland, Ore., suggested the FTC had courted pushback with its ambition.

“So long as the government isn’t being too aggressive in how it tries to use its authority, industry is going to be cooperative and not try to raise these complex constitutional questions,” Hurwitz told POLITICO. “The FTC, having been so aggressive recently, has upset a balance.”

He said companies were mounting more legal challenges to agencies’ constitutional authority, rather than negotiating with them to solve disputes. Meta’s suit is the latest in a series of legal challenges against regulatory agencies.