Matt Schettenhelm
@mattschett.bsky.social
Bloomberg Intelligence, Litigation & Policy Analyst. TMT suits, FCC & FTC, after a decade practicing law. @umich, @gwlaw. Opinions mine, RTs≠endorse.
Not clear the courts thought the TikTok law permits TikTok Inc or ByteDance to retain ownership of the app or algorithm.
September 29, 2025 at 3:42 PM
Not clear the courts thought the TikTok law permits TikTok Inc or ByteDance to retain ownership of the app or algorithm.
The curious thing about Trump's TikTok "qualified divestiture": it appears not to involve any divestiture by ByteDance at all. Our take today.
September 26, 2025 at 4:11 PM
The curious thing about Trump's TikTok "qualified divestiture": it appears not to involve any divestiture by ByteDance at all. Our take today.
Worth reading Judge Pan's dissent today raising dispensing power.
D.C. Circuit said groups that were denied appropriated funding couldn't sue for constitutional violation, only a statutory one. On statutory issue, court found no "extreme" violation. media.cadc.uscourts.gov/opinions/doc...
D.C. Circuit said groups that were denied appropriated funding couldn't sue for constitutional violation, only a statutory one. On statutory issue, court found no "extreme" violation. media.cadc.uscourts.gov/opinions/doc...
August 13, 2025 at 7:51 PM
Worth reading Judge Pan's dissent today raising dispensing power.
D.C. Circuit said groups that were denied appropriated funding couldn't sue for constitutional violation, only a statutory one. On statutory issue, court found no "extreme" violation. media.cadc.uscourts.gov/opinions/doc...
D.C. Circuit said groups that were denied appropriated funding couldn't sue for constitutional violation, only a statutory one. On statutory issue, court found no "extreme" violation. media.cadc.uscourts.gov/opinions/doc...
Key Paramount-Trump legal backdrop:
1) Texas has anti-SLAPP law -- path to speedy dismissal of free-speech cases -- but CA5 says it doesn't apply in federal courts. There's no federal anti-SLAPP law.
2) No time limit in law on FCC reviews. FCC's on day 230 of informal 180-day review.
1) Texas has anti-SLAPP law -- path to speedy dismissal of free-speech cases -- but CA5 says it doesn't apply in federal courts. There's no federal anti-SLAPP law.
2) No time limit in law on FCC reviews. FCC's on day 230 of informal 180-day review.
July 3, 2025 at 12:56 PM
Key Paramount-Trump legal backdrop:
1) Texas has anti-SLAPP law -- path to speedy dismissal of free-speech cases -- but CA5 says it doesn't apply in federal courts. There's no federal anti-SLAPP law.
2) No time limit in law on FCC reviews. FCC's on day 230 of informal 180-day review.
1) Texas has anti-SLAPP law -- path to speedy dismissal of free-speech cases -- but CA5 says it doesn't apply in federal courts. There's no federal anti-SLAPP law.
2) No time limit in law on FCC reviews. FCC's on day 230 of informal 180-day review.
Admin law question re TikTok law extension:
Would AG letters "stating that there has been no violation of the statute" qualify as "agency action" ("statement of...particular applicability and future effect designed to...interpret... law") under APA?
www.whitehouse.gov/presidential...
Would AG letters "stating that there has been no violation of the statute" qualify as "agency action" ("statement of...particular applicability and future effect designed to...interpret... law") under APA?
www.whitehouse.gov/presidential...
June 26, 2025 at 1:44 PM
Admin law question re TikTok law extension:
Would AG letters "stating that there has been no violation of the statute" qualify as "agency action" ("statement of...particular applicability and future effect designed to...interpret... law") under APA?
www.whitehouse.gov/presidential...
Would AG letters "stating that there has been no violation of the statute" qualify as "agency action" ("statement of...particular applicability and future effect designed to...interpret... law") under APA?
www.whitehouse.gov/presidential...
The FCC has now passed its nonbinding 180-day timeline to act on Skydance-Paramount matter. FCC Chair Brendan Carr told Congress last July that he would support "deemed granted" remedy so FCC shot clock would have "teeth."
www.fcc.gov/transaction/...
www.congress.gov/118/meeting/...
www.fcc.gov/transaction/...
www.congress.gov/118/meeting/...
May 15, 2025 at 2:06 PM
The FCC has now passed its nonbinding 180-day timeline to act on Skydance-Paramount matter. FCC Chair Brendan Carr told Congress last July that he would support "deemed granted" remedy so FCC shot clock would have "teeth."
www.fcc.gov/transaction/...
www.congress.gov/118/meeting/...
www.fcc.gov/transaction/...
www.congress.gov/118/meeting/...
TikTok itself explained the law's "operational relationship" language in its petition to the D.C. Circuit last May. It said that the statute "requires" moving all TikTok source code to a new TikTok owner.
April 4, 2025 at 2:12 PM
TikTok itself explained the law's "operational relationship" language in its petition to the D.C. Circuit last May. It said that the statute "requires" moving all TikTok source code to a new TikTok owner.
At oral argument, Justice Sotomayor asked if the part of the law that stops the post-divestiture companies from "conferring on the algorithm" should be cut out of the law -- the SG resisted that, but was willing to accept it.
The Supreme Court didn't make that cut.
The Supreme Court didn't make that cut.
April 3, 2025 at 1:40 PM
At oral argument, Justice Sotomayor asked if the part of the law that stops the post-divestiture companies from "conferring on the algorithm" should be cut out of the law -- the SG resisted that, but was willing to accept it.
The Supreme Court didn't make that cut.
The Supreme Court didn't make that cut.
For a transaction to be a "qualified divestiture" under the TikTok law, Trump must determine there's no "operational relationship" between a new US entity and any "formerly affiliated" entity (ByteDance), including "any" cooperation with respect to algorithm's operation.
April 3, 2025 at 1:40 PM
For a transaction to be a "qualified divestiture" under the TikTok law, Trump must determine there's no "operational relationship" between a new US entity and any "formerly affiliated" entity (ByteDance), including "any" cooperation with respect to algorithm's operation.
The FCC has been described as an independent agency for decades, including by SCOTUS itself.
But yesterday, the US Solicitor General basically seemed to admit the FCC is *not* actually an independent agency at all.
www.supremecourt.gov/oral_argumen...
But yesterday, the US Solicitor General basically seemed to admit the FCC is *not* actually an independent agency at all.
www.supremecourt.gov/oral_argumen...
March 27, 2025 at 1:51 PM
The FCC has been described as an independent agency for decades, including by SCOTUS itself.
But yesterday, the US Solicitor General basically seemed to admit the FCC is *not* actually an independent agency at all.
www.supremecourt.gov/oral_argumen...
But yesterday, the US Solicitor General basically seemed to admit the FCC is *not* actually an independent agency at all.
www.supremecourt.gov/oral_argumen...
Challenges to the FCC's media-ownership rules have been stuck in the Third Circuit for decades.
Not anymore.
On March 19, broadcasters are likely to urge an Eighth Circuit panel of 3 Republican-named judges to wipe the FCC rules off the books entirely.
Not anymore.
On March 19, broadcasters are likely to urge an Eighth Circuit panel of 3 Republican-named judges to wipe the FCC rules off the books entirely.
March 14, 2025 at 12:58 PM
Challenges to the FCC's media-ownership rules have been stuck in the Third Circuit for decades.
Not anymore.
On March 19, broadcasters are likely to urge an Eighth Circuit panel of 3 Republican-named judges to wipe the FCC rules off the books entirely.
Not anymore.
On March 19, broadcasters are likely to urge an Eighth Circuit panel of 3 Republican-named judges to wipe the FCC rules off the books entirely.
FCC Chair Brendan Carr again made key point about an FCC Sec. 230 rulemaking: 230(c)(1) "makes a lot of sense, it's a pro-speech provision."
"The problems come in at 230(c)(2)."
For platforms, much more important protection in 230's liability shield is (c)(1).
t.co/q2V0pRgxrg
"The problems come in at 230(c)(2)."
For platforms, much more important protection in 230's liability shield is (c)(1).
t.co/q2V0pRgxrg
March 3, 2025 at 3:28 PM
FCC Chair Brendan Carr again made key point about an FCC Sec. 230 rulemaking: 230(c)(1) "makes a lot of sense, it's a pro-speech provision."
"The problems come in at 230(c)(2)."
For platforms, much more important protection in 230's liability shield is (c)(1).
t.co/q2V0pRgxrg
"The problems come in at 230(c)(2)."
For platforms, much more important protection in 230's liability shield is (c)(1).
t.co/q2V0pRgxrg
Akamai addresses its potential liability exposure tied to TikTok in its latest 10-K. www.ir.akamai.com/sec-filings/...
February 24, 2025 at 10:35 PM
Akamai addresses its potential liability exposure tied to TikTok in its latest 10-K. www.ir.akamai.com/sec-filings/...
In Lindke, SCOTUS set out a two-part test to address whether there's state action when a public official "uses" social media. Will test be the same to address if there's state action when a public official privately *owns and controls* a social-media platform?
www.supremecourt.gov/opinions/23p...
www.supremecourt.gov/opinions/23p...
February 18, 2025 at 4:47 PM
In Lindke, SCOTUS set out a two-part test to address whether there's state action when a public official "uses" social media. Will test be the same to address if there's state action when a public official privately *owns and controls* a social-media platform?
www.supremecourt.gov/opinions/23p...
www.supremecourt.gov/opinions/23p...
One week from a SCOTUS showdown, I discussed the path ahead for TikTok on Bloomberg Radio this morning. More details in the thread linked below.
January 3, 2025 at 5:35 PM
One week from a SCOTUS showdown, I discussed the path ahead for TikTok on Bloomberg Radio this morning. More details in the thread linked below.
Will TikTok win at SCOTUS? It's close case, yet we doubt it. Best predictor of how SCOTUS will see case isn't Trump's brief on politics. It's how D.C. Cir. panel that's ideologically like SCOTUS already ruled on law -- unanimously, without any sign of hesitation, against TikTok.
December 30, 2024 at 3:25 PM
Will TikTok win at SCOTUS? It's close case, yet we doubt it. Best predictor of how SCOTUS will see case isn't Trump's brief on politics. It's how D.C. Cir. panel that's ideologically like SCOTUS already ruled on law -- unanimously, without any sign of hesitation, against TikTok.
Most interesting part of TikTok SCOTUS filing is plea for 13-day "administrative injunction." That could offer a path for Court to deny TikTok's plea for full injunction, but also push 1/19 deadline by a couple days until Trump takes office.
December 17, 2024 at 5:45 PM
Most interesting part of TikTok SCOTUS filing is plea for 13-day "administrative injunction." That could offer a path for Court to deny TikTok's plea for full injunction, but also push 1/19 deadline by a couple days until Trump takes office.
Will TikTok win at the US Supreme Court in challenge to US sale-or-ban law? The company is a significant underdog, we believe. Here was my appearance on Bloomberg Friday, December 6, just after the D.C. Circuit decision came out.
www.bloomberg.com/news/videos/...
www.bloomberg.com/news/videos/...
December 9, 2024 at 3:40 PM
Will TikTok win at the US Supreme Court in challenge to US sale-or-ban law? The company is a significant underdog, we believe. Here was my appearance on Bloomberg Friday, December 6, just after the D.C. Circuit decision came out.
www.bloomberg.com/news/videos/...
www.bloomberg.com/news/videos/...
Enjoyed joining @bloomberg.com live after the D.C. Circuit ruled on the TikTok ban today. We had warned that the court was likely to rule this AM, and that TikTok would likely lose. The sweeping loss for the company came in a little after 10am.
December 6, 2024 at 7:52 PM
Enjoyed joining @bloomberg.com live after the D.C. Circuit ruled on the TikTok ban today. We had warned that the court was likely to rule this AM, and that TikTok would likely lose. The sweeping loss for the company came in a little after 10am.
Gave an update to @bloomberg.com on the latest on TikTok litigation this morning. If the D.C. Circuit sticks to its routine of Tuesday/Friday decisions, we may see the ruling on Friday AM.
www.youtube.com/watch?v=f39o...
www.youtube.com/watch?v=f39o...
December 3, 2024 at 6:33 PM
Gave an update to @bloomberg.com on the latest on TikTok litigation this morning. If the D.C. Circuit sticks to its routine of Tuesday/Friday decisions, we may see the ruling on Friday AM.
www.youtube.com/watch?v=f39o...
www.youtube.com/watch?v=f39o...
A pleasure to join @bloomberglp.bsky.social Radio this AM to discuss how the big-tech Section 230 liability shield could be under attack at the FCC next year. www.youtube.com/watch?v=f39o...
November 25, 2024 at 6:47 PM
A pleasure to join @bloomberglp.bsky.social Radio this AM to discuss how the big-tech Section 230 liability shield could be under attack at the FCC next year. www.youtube.com/watch?v=f39o...
It's always a pleasure to join my Bloomberg Intelligence colleague, antitrust guru Jennifer Rie, to discuss TMT policy. Here, we took a look at what changes the election may bring. podcasts.apple.com/us/podcast/i...
November 20, 2024 at 2:58 PM
It's always a pleasure to join my Bloomberg Intelligence colleague, antitrust guru Jennifer Rie, to discuss TMT policy. Here, we took a look at what changes the election may bring. podcasts.apple.com/us/podcast/i...
Expect decision on TikTok effective ban from D.C. Circuit by December 6, likely on a Tuesday or Friday. But it won't be today.
November 19, 2024 at 2:32 PM
Expect decision on TikTok effective ban from D.C. Circuit by December 6, likely on a Tuesday or Friday. But it won't be today.
Today won't be the day for the D.C. Circuit's TikTok decision.
media.cadc.uscourts.gov/opinions/
media.cadc.uscourts.gov/opinions/
November 15, 2024 at 2:28 PM
Today won't be the day for the D.C. Circuit's TikTok decision.
media.cadc.uscourts.gov/opinions/
media.cadc.uscourts.gov/opinions/