Gus Hurwitz on SCOTUS Review of TikTok Law
ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by Bloomberg Law in a story about the U.S. Supreme Court’s decision to hear TikTok’s appeal of its challenge to a law that would force divestment by the company’s Chinese ownership. You can read the full piece here.
“The heart of this case is balancing the First Amendment against two things: first, national security concerns generally and, second, the court’s deference to Congress and the executive in making those national security determinations,” said Gus Hurwitz, academic director of the Center for Technology, Innovation and Competition at the University of Pennsylvania’s Carey School of Law.
He said it is “quite unlikely” the court will overturn the law, in part because of an opinion earlier this year by Justice Amy Coney Barrett saying that foreign corporations and people don’t have First Amendment rights.