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Opinion

Judge Andrew P. Napolitano: Can Congress Ban TikTok?

Published

10 months ago

8 minute read

From Heartland Daily News

By Judge Andrew P. Napolitano

“Congress shall make no law … abridging the freedom of speech.”
         –First Amendment to the U.S. Constitution

When James Madison set about to draft the Bill of Rights — the first 10 amendments to the U.S. Constitution — he was articulating what lawyers and philosophers and judges call “negative rights.” A positive right grants a privilege, like a driver’s license. A negative right restrains the government from interfering with a preexisting right. In order to emphasize his view that the freedom of speech preexisted the government, Madison insisted that the word “the” precede “freedom of speech” in the First Amendment.

If the freedom of speech preceded the government, where did it come from?

Speech is a natural right; it comes from our humanity. The framers of the Constitution and the ratifiers of the Bill of Rights understood and recognized this. Congress doesn’t grant the freedom of speech; rather it is prohibited absolutely from interfering with it. In the years following the ratification of the 14th Amendment, the courts began applying the restrictions in the First Amendment to the states and their municipalities and subdivisions.

Today, the First Amendment bars all government — federal, state and local — and all branches of government — legislative, executive and judicial — from interfering with the freedom of speech.

You’d never know this listening to Congress today. The same Congress that can’t balance a budget or count the number of foreign military bases the feds own, that thinks it can right any wrong and tax any event, that has borrowed over $34 trillion and not paid back any of it; the same Congress now wants to give the President of the United States — whomever might occupy that office — the lawful power to suppress websites he thinks are spying on their users or permitting foreign governments to influence what folks see on the sites. All this is an effort to ban the popular website for young folks called TikTok and force its owners to sell its assets.

Here is the backstory.

Throughout American history, we have suffered from mass fears. In the 1790s, it was fear of the French and of Native Americans. In the 1860s, it was fear of African Americans and fear of Confederates. In the 1900s, it was fear of anarchists, Nazis and Communists. In the first quarter of the present century, the government has whipped up fear of terrorists, Russians, Saddam Hussein, Vladimir Putin and now the Chinese.

In his dystopian novel, “1984,” George Orwell analyzed the totalitarian mind and recognized the need that totalitarians have for fear and hatred. They know that when folks are afraid, they will bargain away the reality of liberty for the illusion of safety. Without fear and hatred, totalitarians have fewer tools for control of the population.

What is the government’s problem with TikTok? The feds want to use fear and hatred of the Chinese government in order to regulate the sources of data and information that Americans can consult. They have projected upon the government of China the very same unlawful and unconstitutional assaults on natural rights that the feds themselves perpetrate upon us.

Thus, in order to gain control over the American public, the deep state — the parts of the government that do not change, no matter which political party is in power — and its friends in Congress have advanced the myth that the Chinese government, which commands the loyalty of the owners of TikTok, might use the site to pass along misinformation or to spy on its users. The key word here is “might,” as the intelligence officials who testified to Congress on this were unable to produce any solid evidence — just fear — that the Chinese government is doing this.

You can’t make this up.

Remember the bumper stickers from the 1970s: “Don’t steal. The government hates competition!” I thought of that line when analyzing this. Why? Because the federal government itself spies on every American who uses a computer or mobile device. The federal government itself captures every keystroke touched on every device in the U.S. The federal government itself captures all data transmitted into, out of and within the U.S. on fiber-optic cables. And the federal government itself told the Supreme Court earlier this week that it needs to be able to influence what data is available on websites in order to combat misinformation.

The federal government basically told the court that it — and not individual persons — should decide what we can read and from what sources. What the federal government did not reveal is its rapacious desire to control the free market in ideas.

Now back to the First Amendment.

The principal value underlying the freedom of speech is free will. We all have free will to think as we wish, to say what we think, to read what we want, to publish what we say. And we can do all this with perfect freedom. We don’t need a government permission slip. The whole purpose of the First Amendment is to guarantee this freedom by keeping the government out of the business of speech — totally and completely. This is the law of the land in modern Supreme Court jurisprudence.

Were this not the law, then the government could suppress the speech it hates and fears and support the speech of its patrons. And then the values that underly the First Amendment would be degraded and negated. The government has no moral or constitutional authority to spy on us or to influence our thoughts. Period.

Does the government work for us or do we work for the government? Have we consented to a nullification of free speech in deference to whomever might be living in the White House? Why do we repose the Constitution into the hands of those who subvert it?

To learn more about Judge Andrew Napolitano, visit https://JudgeNap.com.
COPYRIGHT 2024 ANDREW P. NAPOLITANO

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President Donald Trump and Vice President J.D. Vance visibly rolled their eyes as the Episcopal bishop of Washington, Mariann Budde, lectured them on being kind to transgender people and immigrants at Tuesday’s National Prayer Service.

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Censorship Industrial Complex

WEF ranks ‘disinformation’ as greater threat to world stability than ‘armed conflict’

Published on January 21, 2025

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Misinformation and disinformation, along with societal polarization, are catalysts that amplify all other global risks, including armed conflict and climate change, according to the World Economic Forum (WEF).

On Wednesday, the WEF published its annual Global Risks Report with very few changes from last year’s edition.

For the second year in a row, the number one global risk over the next two years is misinformation and disinformation, which have cascading effects on other leading risks, according to the WEF “Global Risks Report 2025”:

Similar to last year, Misinformation and disinformation and Societal polarization remain key current risks […] The high rankings of these two risks is not surprising considering the accelerating spread of false or misleading information, which amplifies the other leading risks we face, from State-based armed conflict to Extreme weather events

According to the Global Risks 2025 report, polarization “continues to fan the flames of misinformation and disinformation, which, for the second year running, is the top-ranked short- to medium-term concern across all risk categories.”

“Efforts to combat this risk are coming up against a formidable opponent in Generative AI-created false or misleading content that can be produced and distributed at scale,” which was the same assessment given in the 2024 report.

Apart from inflation and economic downturn, there isn’t much of a difference in global risks between 2024 and 2025.

Compare the top 10 short-term and long-term global risks from 2024 with those for 2025 in the images below.

WEF Top 10 Global Risks 2025

WEF Top 10 Global Risks 2024

Rising use of digital platforms and a growing volume of AI-generated content are making divisive misinformation and disinformation more ubiquitous. — WEF Global Risks Report 2025

The Global Risks Report 2025 says that misinformation, coupled with algorithmic bias, leads to a situation where you and I should accept giving up some of our privacy for convenience, which subsequently makes it easier for us to be monitored and controlled:

Despite the dangers related to false or misleading content, and the associated risks of algorithmic bias, citizens need to strike a balance between privacy on one hand and increased online personalization and convenience on the other hand.

While data governance and regulation vary worldwide, it is becoming easier for citizens to be monitored, enabling governments, technology companies and threat actors to reach deeper into people’s lives.

Those with access to rising computing power and the ability to leverage sophisticated AI/GenAI models could, if they choose to, exploit further the vulnerabilities provided by citizens’ online footprints.

What else can we blame on misinformation?

I know! Climate change:

The accelerating spread of false or misleading information […] amplifies the other leading risks we face, from State-based armed conflict to Extreme weather events.

WEF Global Risks 2025

While the term “climate change” is mentioned several times in the Global Risks Report 2025, it does not appear anywhere in the actual list of 33 global risks.

Instead of using the term “climate change,” the full list of global risks uses several climate-adjacent terms, such as:

  • Extreme weather events
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  • Natural resource shortages
  • Biodiversity loss and ecosystem collapse
  • Involuntary migration or displacement

The unelected globalists are now lumping terms like the ones above to push their climate policies and agendas, and they even go so far as to claim that misinformation amplifies extreme weather events, which actually might be true, just not in the way they imagined:

For example, on Tuesday WEF president and CEO Børge Brende blamed the California fires, which we may consider to be examples of extreme weather events or biodiversity loss, to climate change while not addressing how the state cut funding to fight fires, how the Los Angeles fire chief said the city failed her agency, or the role of arsonists.

By blaming the fires on just climate change while ignoring the rest, could Brende himself be engaging in disinformation?

Climate change is also an underlying driver of several other risks that rank high. For example, Involuntary migration or displacement is a leading concern. — WEF Global Risks Report 2025

The WEF Global Risks Report 2025 lumps many global risks together with the belief that they are all interconnected.

For example, it says that misinformation and polarization amplify armed conflict, extreme weather events, involuntary migration or displacement, and all the risks in-between.

It’s the same tactic the unelected globalists use when they conflate misinformation and disinformation with hate speech, so they can use one as an excuse to go after the other.

For the WEF and partners, global problems require global solutions with global governance through public-private partnerships – the merger of corporation and state, which is also known as fascism or corporatism.

In the end, the global risks report is just a survey, and the risks may or may not materialize.

In January 2023, the WEF announced the results of a survey of cyber leaders that said a “catastrophic cyber event” was likely to occur within the next two years.

Here we are exactly two years later and that never happened.

For the unelected globalists, misinformation and disinformation are words they throw out to try to crush narratives that don’t align with their own, and they will use any threat, whether real or perceived, to advance their agendas and policies.

Reprinted with permission from The Sociable.

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