Gus Hurwitz on TikTok

ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by The Hill in a story about President Joe Biden’s signing of a bill requiring Chinese firm ByteDance to sell its TikTok subsidiary. You can read the full piece here.

The federal law may also have a better chance than a state law like Montana’s, because “federal legislation is more likely to be seen by the courts both as responding to an addressing national security concerns,” Justin Hurwitz, a senior fellow and academic director of the University of Pennsylvania’s Center for Technology, Innovation and Competition, said in an email.

“The government has a pretty good claim that the law is written to address a compelling government interest, which is a key question for First Amendment analysis. The harder question is whether this law is an effective and narrowly tailored way to address these concerns,” Hurwitz added.