Judge Andrew P. Napolitano: Can Congress Ban TikTok?

“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

DISTRIBUTED BY CREATORS.COM

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Congressional investigation into authors of ‘Disinformation Dozen’ intensifies

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Censorship Industrial Complex

Congressional investigation into authors of ‘Disinformation Dozen’ intensifies

Published on November 21, 2024

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From LifeSiteNews

By Dr. Michael Nevradakis of The Defender

The Center for Countering Digital Hate, authors of ‘The Disinformation Dozen,’ faces a Nov. 21 deadline to provide Congress with documents related to its alleged collusion with the Biden administration and social media platforms to censor online users.

The Center for Countering Digital Hate (CCDH), authors of the “Disinformation Dozen,” faces a Nov. 21 deadline to provide Congress with documents related to its alleged collusion with the Biden administration and social media platforms to censor online users.

Rep. Jim Jordan (R-Ohio), chairman of the House Judiciary Committee, on Nov. 7 subpoenaed CCDH as part of an ongoing congressional investigation, launched in August 2023, into the nonprofit’s censorship-related activities.

The subpoena requests all communications and documents “between or among CCDH, the Executive Branch, or third parties, including social media companies, relating to the identification of groups, accounts, channels, or posts for moderation, deletion, suppression, restriction, or reduced circulation.”

The subpoena also requests all records, notes, and other “documents of interactions between or among CCDH and the Executive Branch referring or relating to ‘killing’ or taking adverse action against Elon Musk’s X social media platform (formerly Twitter).”

CCDH previously included Kennedy on its “Disinformation Dozen” list, published in March 2021, of the 12 “leading online anti-vaxxers.”

Leaked CCDH documents released last month by investigative journalists Paul D. Thacker and Matt Taibbi revealed that CCDH sought to “kill” Twitter and launch “black ops” against Robert F. Kennedy Jr., President-elect Donald J. Trump’s nominee for secretary of the U.S. Department of Health and Human Services (HHS).

“Black ops” are defined as a “secret mission or campaign carried out by a military, governmental or other organization, typically one in which the organization conceals or denies its involvement.”

A subsequent report by Taibbi and Thacker showed that CCDH employed tactics it initially developed to help U.K. Prime Minister Keir Starmer and the U.S. Democratic Party, to target Musk, Kennedy and others.

CCDH used ‘explicit military terminology’ to target speech

Thacker told The Defender the leaked documents “definitely spurred” Jordan’s subpoena.

Sayer Ji, the founder of GreenMedInfo, was also listed among “The Disinformation Dozen.” He said the leaked documents were “chilling” and that CCDH’s efforts were part of “the largest coordinated foreign influence operation targeting American speech since 1776.”

Ji told The Defender:

The leaked documents confirm what we experienced firsthand: CCDH wasn’t just targeting 12 individuals – we were test cases for deploying military-grade psychological operations against civilians at scale.

Just as the British Crown once used seditious libel laws to silence colonial dissent, CCDH’s operation expanded to silence hundreds of millions globally, from doctors sharing clinical observations to parents discussing vaccine injuries.

Ohio physician Dr. Sherri Tenpenny, also on “The Disinformation Dozen” list, told The Defender, “The exposure of the manipulation that went on behind the scenes to silence us is what we suspected, and now we know … We have the sad last laugh against their attacks. They are the ones with blood on their hands.”

Ji said CCDH’s internal communications reveal not just bias, “but explicit military terminology – ‘black ops,’ ‘target acquisition,’ ‘strategic deployment’ – coordinated between Five Eyes networks and dark money interests to target constitutionally protected speech.”

Writing on GreenMedInfo, Ji said, “CCDH’s ‘black ops’ approach includes coordinated media smears, economic isolation, and digital censorship.” Ji said CCDH’s activities represent “a new level of institutionalized power directed at civilian targets, often bypassing constitutional safeguards.”

Thacker said Jordan’s investigation should expand to include CCDH’s “black ops.”

“I don’t want to speculate on what CCDH was doing with ‘black ops’ against Kennedy,” Thacker said. “I think that should be explored by a congressional committee, with CCDH CEO Imran Ahmed put under oath,” Thacker said.

CCDH facing multiple lawsuits, possible Trump administration investigation

Jordan’s subpoena is the latest in a series of legal challenges for CCDH. According to GreenMedInfo, the organization faces several lawsuits and government investigations.

Following last month’s CCDH document leak, the Trump campaign said an investigation into CCDH “will be at the top of the list.”

The campaign also filed a complaint against the Harris campaign with the Federal Election Commission, “for making and accepting illegal foreign national contributions” – namely, from the U.K. Labour Party.

This followed the release of evidence indicating that the Biden administration coordinated with the U.K. Foreign Office as part of what GreenMedInfo described “as a systematic censorship regime involving CCDH and affiliated organizations.”

A lawsuit Musk filed against CCDH in July 2023 for allegedly illegally obtaining data and using it in a “scare campaign” to deter advertisers from X will likely proceed on appeal. A federal court initially dismissed the lawsuit in March.

Discovery in the Missouri v. Biden free speech lawsuit may also “shed further light and legal scrutiny on the critical role that CCDH played in allegedly suppressing and violating the civil liberties of U.S. citizens,” according to GreenMedInfo.

CCDH, others flee X in protest

Earlier this week, CCDH deleted its account on X, the platform it wanted to “kill.”

Writing on Substack, Ji said CCDH’s departure from X, during the same week Trump nominated Kennedy to lead HHS, represents a “seismic shift” and marks “a watershed moment, signaling the unraveling of entrenched systems of control and the rise of a new era for health freedom and open discourse.”

Several other left-leaning organizations and individuals, including The Guardian and journalist Don Lemon, also said they will stop using X, after Trump tapped Musk to lead a federal agency tasked with increasing government efficiency.

According to NBC News, many ordinary users are also fleeing X, citing “bots, partisan advertisements and harassment, which they all felt reached a tipping point when Donald Trump was elected president last week with Musk’s support.”

But according to Adweek, X’s former top advertisers, including Comcast, IBM, Disney, Warner Bros. Discovery and Lionsgate Entertainment, resumed ad spending on the platform this year, but at “much lower rates” than before.

“Elon Musk’s ties with Donald Trump might spur some advertisers to think spending on X is good for business,” Adweek reported.

Thacker said CCDH’s deletion of its X account was “aligned” with the departure of “other organizations and ‘journalists’ aligned with the Democratic Party.” He said it appears to have been a “coordinated protest.”

Ji said organizations like CCDH view X “as an existential threat.” He added:

Having experienced both Twitter 1.0’s AI-driven censorship system and X’s more open environment, I understand exactly why CCDH sees X as an existential threat. X represents what Twitter 1.0’s embedded censorship infrastructure was designed to prevent: a truly free digital public square.

Under Musk’s commitment to free speech, their tactical advantage disappeared. They’re not leaving because X is toxic. They’re leaving because they can’t control it.

Online censorship ‘may no longer be sustainable under intensified scrutiny’

According to GreenMedInfo, CCDH’s departure from X “appears to reflect an internal recognition that their operational model – characterized by critics as a US-U.K. intelligence ‘cut-out’ facilitating unconstitutional suppression of civil liberties – may no longer be sustainable under intensified scrutiny.”

In recent months, several mainstream media outlets have corrected stories that relied upon CCDH reports claiming “The Disinformation Dozen” was responsible for up to two-thirds of vaccine-related “misinformation” online.

According to Thacker, this reflects an increasing awareness by such outlets that readers are turning their backs on such reporting.

“The outlets that promoted CCDH propaganda are being investigated by their own readers, who are fleeing in droves. Readers are voting against this type of propaganda by refusing to subscribe to these media outlets,” Thacker said.

Yet, “many outlets continue to host these demonstrably false narratives without correction,” Ji said.

According to Ji, these false narratives resulted in medical professionals fearing the loss of their licenses for expressing non-establishment views, self-censorship among scientists “to avoid career destruction,” suppression of “critical public health discussions” and the labeling of millions of posts as “misinformation.”

“This isn’t just about suppressing speech. It’s about establishing a new form of digital control that echoes the colonial-era suppression our founders fought against,” Ji said.

“CCDH has polluted political discourse by pretending there is some absolute definition of the term ‘misinformation’ and that they hold the dictionary,” Thacker said. “That’s nonsense. They spread hate and misinformation to attack perceived political enemies of the Democratic Party.”

Ji called upon Congress to investigate “The full scope of those silenced beyond the ‘Disinformation Dozen,’” the “systematic suppression of scientific debate,” “media organizations’ role in amplifying foreign influence operations” and “dark money funding networks” supporting such organizations.

Thacker said Congress should examine possible CCDH violations of the Foreign Agents Registration Act. “We need to also look at how much foreign money they took in and whether we as a nation are comfortable with foreign influence trying to alter the law and political discussions.”

“The fight isn’t just about correcting past wrongs or personal vindication. It’s about preserving fundamental rights to free speech and scientific inquiry in the digital age,” Ji said. “If we don’t address this systematic abuse of power, we risk surrendering the very freedoms our founders fought to establish.”

This article was originally published by The Defender – Children’s Health Defense’s News & Views Website. Please consider subscribing to The Defender or donating to Children’s Health Defense.

Bruce Dowbiggin

The Pathetic, Predictable Demise of Echo Journalism

Published on November 21, 2024

Todayville

It can be safely said that the 2024 U.S. presidential election couldn’t have gone much worse for legacy media in that country. Their biases, conceits and outright falsehoods throughout the arduous years-long slog toward Nov. 5 were exposed that night. Resulting in the simultaneous disaster (for them) of Donald Trump winning a thunderous re-election and their predictive polling being shown to be Democratic propaganda.

Only a handful of non-establishment pollsters (Rasmussen, AtlasIntel) got Trump’s electoral college and overall vote correct. Example: One poll by Ann Selzer in Iowa—a highly-rated pollster with a supposedly strong record—showed a huge swing towards Harris in the final week of the election race, putting her three points up over Trump. He ended up winning Iowa by 13.2 points (Selzer now says she’s retiring.)

Throughout, these experts seemed incapable of finding half the voter pool. By putting their thumb on the scale during debates, the representatives of the so-called Tiffany networks and newspapers signalled abdication of their professional code. Their reliance on scandal-sheet stories was particularly glaring.

Just a few lowlights: “the brouhaha over a shock comedian at a Trump rally calling Puerto Rico “a floating island of garbage”. Unhinged outgoing POTUS Biden then called GOP voters “garbage”. So Trump made an appearance as a garbage man, to the snarky disapproval of CBS News chief anchor Nora O’Donnell.

Then there was Whoopi Goldberg on The View predicting Trump will “break up interracial marriages and redistribute the white spouses: “He’s going to deport and you, put the white guy with someone else… The man is out there!” Media ran with this one, too.

Worse, disinformation and lying reached such a proportion that Team Trump turned its campaign away from the networks and legacy papers down the stretch, creating a new information pathway of podcasts and social media sites (such as Joe Rogan, Theo Von and Adin Ross) that promise to be the preferred route for future candidates looking for non-traditional voters. A few prominent media owners sought to save themselves by refusing to endorse a presidential candidate, but the resulting tantrum by their Kamala-loving staff negated the effort.

In the past, poor performances by the Media Party might be dismissed or ignored. But the cataclysmic ratings drops for CNN and MSNBC paired with collapse in sales for blue-blood rags such as the New York Times, Washington Post and L.A. Times spoke to the public’s disgust with people they’ve always trusted to play it straight.

(Now Comcast has announced it’s spinning off MSNBC and its news bundle to save their profitable businesses. Staff members in these places are now panicking. As such the new administration promises to be indifferent to the former media powers-that-be as Trump mounts radical plans to recast the U.S. government. )

As noted here the disgraceful exercise in journalism was cheered on by their compatriots here in Canada. “In the hermetically sealed media world of Canada, natives take their cues from CNN and MSNBC talking points both of which employ Canadians in highly visible roles. (Here’s expat Ali Velshi famously describing on NBC that the 2020 George Floyd riots that burned for weeks— destroying billions in damages while resulting in multipole deaths— as “generally peaceful”.)

The narratives of Russiagate, drinking bleach, “fine people” to Hunter Biden’s laptop— long ago debunked down south— are still approved wisdom in Canada’s chattering class. Especially if America’s conflagration election can be used to demonstrate the good sense and judgment of Canada’s managerial and media class.

The clincher for star-struck Canadians was the overwhelming Kamala love from the Hollywood crowd. Virtually every high-profile actor/ singer/ writer embraced the woman who was parachuted into the nomination in a coup— even as the same glitterati raved about anti-democratic Trump. From Beyoncé to Bilie Eilish to Bruce Springsteen, their support was been a winner in Canada’s fangirl/ fanboy culture.”

Talk about backing a loser. Which leaves us asking what to expect from formerly respected media in the upcoming (it will come, won’t it?) defenestration of Justin Trudeau and Jagmeet Singh, probably in spring of 2025. One Toronto Star piece might provide a clue to the bunkered approach of Canada’s globalists. “Europe is leaving Donald Trump’s America behind. Should Canada do the same? As American democracy dives into darkness, Canada is facing difficult choices.”

CPC leader Pierre Poilievre has made it abundantly clear his thoughts on the bias of media. To save billions, he is making a major overhaul— even closure of CBC (not Radio Canada)— as a campaign pledge. He’s also said he will remove the slush fund now propping up failed establishment news organizations that employ unionized workers bent of crushing the Conservatives.

His scorn is obvious after watching media’s reverential treatment of Trudeau’s fake “murdered” Rez children stunt or the silence accompanying PMJT’s sacking of his indigenous Justice minister Jodie Wilson Raybould. Lately, a deadpan Poilievre humiliated a callow CBC reporter quoting “experts” by asking her “what experts?” Her unpreparedness leaves her floundering as Poilievre calls her question another “CBC smear job”.

Perhaps the classic Poilievre humbling of a reporter occurred in 2023 in a Kelowna apple orchard when a reporter seeking to score points with his Woke colleagues saw the bushwhack rebound on him. After numerous failed attempts at belling the cat, the local reporter played his ace card.

Question: Why should Canadians trust you with their vote, given … y’know … not, not just the sort of ideological inclination in terms of taking the page out of Donald Trump’s book, but, also —

Poilievre: (incredulous) What are you talking about? What page? What page? Can you gimme a page? Gimme the page. You keep saying that … “

No page was produced and the cringeworthy interview collapsed.

Needless to say, the reporter was absolved by his water-carrying colleagues. Here was Shannon Proudfoot of the Toronto Star: “Kicking a journalist in the shins over and over then turning the exchange into a social-media flex is telling on yourself…” Venerable CBC panelist/ Star columnist Chantal Hébert echoed the pauvre p’tit take. “Agreed”.

For these press box placeholders it’s all too reminiscent of the acid-drenched style of former PM Stephen Harper, a stance that turned them to Trudeau cheerleaders in 2015. Which is to say we shouldn’t have high hopes for balance when the writ is finally dropped.

Poilievre has several more ministers (Melissa Lantsman, Garrett Genuis) skilled in exposing media imbalance, so we can expect full-blown pushback from the paid-for media from the usual suspects when Trudeau finally succumbs to reality. One drawback for the Conservatives could be the absence of national podcasters such as Rogan or Von to which they can pivot.

But make no mistake, However much Canada’s press corps denies it, the public has turned away from Mr Blackface and the politics of privilege. They’d best anticipate a rough ride ahead.

Bruce Dowbiggin @dowbboy is the editor of Not The Public Broadcaster A two-time winner of the Gemini Award as Canada’s top television sports broadcaster, he’s a regular contributor to Sirius XM Canada Talks Ch. 167. His new book Deal With It: The Trades That Stunned The NHL And Changed hockey is now available on Amazon. Inexact Science: The Six Most Compelling Draft Years In NHL History, his previous book with his son Evan, was voted the seventh-best professional hockey book of all time by bookauthority.org . His 2004 book Money Players was voted sixth best on the same list, and is available via brucedowbigginbooks.ca.