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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The Cost of Underselling Canadian Oil and Gas to the USA

Published on April 25, 2025

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From the Frontier Centre for Public Policy

Canadians can now track in real time how much revenue the country is forfeiting to the United States by selling its oil at discounted prices, thanks to a new online tracker from the Frontier Centre for Public Policy. The tracker shows the billions in revenue lost due to limited access to distribution for Canadian oil.

At a time of economic troubles and commercial tensions with the United States, selling our oil at a discount to U.S. middlemen who then sell it in the open markets at full price will rob Canada of nearly $19 billion this year, said Marco Navarro-Genie, the VP of Research at the Frontier Centre for Public Policy.

Navarro-Genie led the team that designed the counter.

The gap between world market prices and what Canada receives is due to the lack of Canadian infrastructure.

According to a recent analysis by Ian Madsen, senior policy analyst at the Frontier Centre, the lack of international export options forces Canadian producers to accept prices far below the world average. Each day this continues, the country loses hundreds of millions in potential revenue. This is a problem with a straightforward remedy, said David Leis, the Centre’s President. More pipelines need to be approved and built.

While the Trans Mountain Expansion (TMX) pipeline has helped, more is needed. It commenced commercial operations on May 1, 2024, nearly tripling Canada’s oil export capacity westward from 300,000 to 890,000 barrels daily. This expansion gives Canadian oil producers access to broader global markets, including Asia and the U.S. West Coast, potentially reducing the price discount on Canadian crude.

This is more than an oil story. While our oil price differential has long been recognized, there’s growing urgency around our natural gas exports. The global demand for cleaner energy, including Canadian natural gas, is climbing. Canada exports an average of 12.3 million GJ of gas daily. Yet, we can still not get the full value due to infrastructure bottlenecks, with losses of over $7.3 billion (2024). A dedicated counter reflecting these mounting gas losses underscores how critical this issue is.

“The losses are not theoretical numbers,” said Madsen. “This is real money, and Canadians can now see it slipping away, second by second.”

The Frontier Centre urges policymakers and industry leaders to recognize the economic urgency and ensure that infrastructure projects like TMX are fully supported and efficiently utilized to maximize Canada’s oil export potential. The webpage hosting the counter offers several examples of what the lost revenue could buy for Canadians. A similar counter for gas revenue lost through similarly discounted gas exports will be added in the coming days.

What Could Canada Do With $25.6 Billion a Year?

Without greater pipeline capacity, Canada loses an estimated (2025) $25.6 billion by selling our oil and gas to the U.S. at a steep discount. That money could be used in our communities — funding national defence, hiring nurses, supporting seniors, building schools, and improving infrastructure. Here’s what we’re giving up by underselling these natural resources.

342,000 Nurses

The average annual salary for a registered nurse in Canada is about $74,958. These funds could address staffing shortages and improve patient care nationwide.
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39,000 New Housing Units

At an estimated $472,000 per unit (excluding land costs, based on Toronto averages), $25.6 billion could fund nearly 94,000 affordable housing units.
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About the Frontier Centre for Public Policy

The Frontier Centre for Public Policy is an independent Canadian think-tank that researches and analyzes public policy issues, including energy, economics and governance.

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Hyundai moves SUV production to U.S.

Published on April 25, 2025

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Quick Hit:

Hyundai is responding swiftly to 47th President Donald Trump’s newly implemented auto tariffs by shifting key vehicle production from Mexico to the U.S. The automaker, heavily reliant on the American market, has formed a specialized task force and committed billions to American manufacturing, highlighting how Trump’s America First economic policies are already impacting global business decisions.

Key Details:

Hyundai has created a tariffs task force and is relocating Tucson SUV production from Mexico to Alabama.
Despite a 25% tariff on car imports that began April 3, Hyundai reported a 2% gain in Q1 operating profit and maintained earnings guidance.
Hyundai and Kia derive one-third of their global sales from the U.S., where two-thirds of their vehicles are imported.

Diving Deeper:

In a direct response to President Trump’s decisive new tariffs on imported automobiles, Hyundai announced Thursday it has mobilized a specialized task force to mitigate the financial impact of the new trade policy and confirmed production shifts of one of its top-selling models to the United States. The move underscores the gravity of the new 25% import tax and the economic leverage wielded by a White House that is now unambiguously prioritizing American industry.

Starting with its popular Tucson SUV, Hyundai is transitioning some manufacturing from Mexico to its Alabama facility. Additional consideration is being given to relocating production away from Seoul for other U.S.-bound vehicles, signaling that the company is bracing for the long-term implications of Trump’s tariffs.

This move comes as the 25% import tax on vehicles went into effect April 3, with a matching tariff on auto parts scheduled to hit May 3. Hyundai, which generates a full third of its global revenue from American consumers, knows it can’t afford to delay action. Notably, U.S. retail sales for Hyundai jumped 11% last quarter, as car buyers rushed to purchase vehicles before prices inevitably climb due to the tariff.

Despite the trade policy, Hyundai reported a 2% uptick in first-quarter operating profit and reaffirmed its earnings projections, indicating confidence in its ability to adapt. Yet the company isn’t taking chances. Ahead of the tariffs, Hyundai stockpiled over three months of inventory in U.S. markets, hoping to blunt the initial shock of the increased import costs.

In a significant show of good faith and commitment to U.S. manufacturing, Hyundai last month pledged a massive $21 billion investment into its new Georgia plant. That announcement was made during a visit to the White House, just days before President Trump unveiled the auto tariff policy — a strategic alignment with a pro-growth, pro-America agenda.

Still, the challenges are substantial. The global auto industry depends on complex, multi-country supply chains, and analysts warn that tariffs will force production costs higher. Hyundai is holding the line on pricing for now, promising to keep current model prices stable through June 2. After that, however, price adjustments are on the table, potentially passing the burden to consumers.

South Korea, which remains one of the largest exporters of automobiles to the U.S., is not standing idle. A South Korean delegation is scheduled to meet with U.S. trade officials in Washington Thursday, marking the start of negotiations that could redefine the two nations’ trade dynamics.

President Trump’s actions represent a sharp pivot from the era of global corporatism that defined trade under the Obama-Biden administration. Hyundai’s swift response proves that when the U.S. government puts its market power to work, foreign companies will move mountains — or at least entire assembly lines — to stay in the game.