Gus Hurwitz on the TikTok Trial
ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by the New York Post in a story about TikTok’s legal challenge to a law that would force its Chinese parent ByteDance to divest the company. You can read the full piece here.
“I had expected TikTok to face an uphill battle at this hearing, but the questioning they faced was much more critical than anticipated,” said Gus Hurwitz, a senior fellow at the University of Pennsylvania Carey Law School. “The judges seemed quite skeptical that the law merits strict scrutiny, or even intermediate scrutiny.”
“It’s hard to make predictions about these things, but after today’s argument I would say the smart money is on a unanimous and very unambiguous loss for TikTok,” added Hurwitz, who noted the judges “seemed to take the national security arguments very seriously.”