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SCOTUS Agrees to Hear Challenge to TikTok Ban

PENNSYLVANIA RECORD

Wednesday, December 25, 2024

SCOTUS Agrees to Hear Challenge to TikTok Ban

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Justin (Gus) Hurwitz Senior Fellow; Academic Director of the Center for Technology, Innovation & Competition | Penn Carey Law

“The Court’s move is surprising but also makes a great deal of sense,” said Senior Fellow and CTIC Academic Director Gus Hurwitz.

The Supreme Court has agreed to expedite TikTok v. Garland and decide whether the controversial ban on the app violates the First Amendment. The Court will hear oral arguments on January 10, 2025.

Gus Hurwitz, Senior Fellow and CTIC Academic Director

Gus Hurwitz, Senior Fellow and Academic Director of the Center for Technology, Innovation & Competition (CTIC) at the University of Pennsylvania Carey Law School, provided the following commentary:

The Court’s move is surprising but also makes a great deal of sense. It sidesteps the immediate question of whether to put the law on pause until they decide the case, which is a thorny question. The justices don’t want to delay implementation of the law if they are likely to affirm the DC Circuit’s decision to uphold it, but not delaying the law would seriously harm TikTok. Hearing the full case in January let the Justices engage with the facts in more detail and give them surer footing to decide whether or not to enjoin the law until they reach a final decision.

Hurwitz’s work builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries.

Original source can be found here.

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