Gus Hurwitz on TikTok’s Legal Action

ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by Sociobits in a story about the lawsuit the company filed challenging a recently passed law that would force its divestiture from Chinese-based ByteDance. You can read the full piece here.

Gus Hurwitz, a senior fellow at the University of Pennsylvania’s Carey Law School, who is not involved in the case, stated that ByteDance will likely first seek a court order to temporarily block the federal law from taking effect. This initial decision on whether to grant a preliminary injunction could be crucial, as without it, ByteDance would have to sell TikTok before the broader case could be decided.

Hurwitz noted that it is unclear whether a court will grant such an injunction, as it involves balancing free speech concerns with the Biden administration’s national security claims. He believes that the courts will likely defer to Congress on these issues.