Opinion
Judge Andrew P. Napolitano: Can Congress Ban TikTok?

From Heartland Daily News
“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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Business
Rhetoric—not evidence—continues to dominate climate debate and policy

From the Fraser Institute
Myths, fallacies and ideological rhetoric continue to dominate the climate policy discussion, leading to costly and ineffective government policies,
according to a new study published today by the Fraser Institute, an independent, nonpartisan Canadian public policy think-tank.
“When considering climate policies, it’s important to understand what the science and analysis actually show instead of what the climate alarmists believe to be true,” said Kenneth P. Green, Fraser Institute senior fellow and author of Four Climate Fallacies.
The study dispels several myths about climate change and popular—but ineffective—emission reduction policies, specifically:
• Capitalism causes climate change: In fact, according to several environment/climate indices and the Fraser Institute’s annual Economic Freedom of the World Index, the more economically free a country is, the more effective it is at protecting its environment and combatting climate change.
• Even small-emitting countries can do their part to fight climate change: Even if Canada reduced its greenhouse gas emissions to zero, there would be
little to no measurable impact in global emissions, and it distracts people from the main drivers of emissions, which are China, India and the developing
world.
• Vehicle electrification will reduce climate risk and clean the air: Research has shown that while EVs can reduce GHG emissions when powered with
low-GHG energy, they often are not, and further, have offsetting environmental harms, reducing net environmental/climate benefits.
• Carbon capture and storage is a viable strategy to combat climate change: While effective at a small scale, the benefits of carbon capture and
storage to reduce global greenhouse gas emissions on a massive scale are limited and questionable.
“Citizens and their governments around the world need to be guided by scientific evidence when it comes to what climate policies make the most sense,” Green said.
“Unfortunately, the climate policy debate is too often dominated by myths, fallacies and false claims by activists and alarmists, with costly and ineffective results.”

Kenneth P. Green
Senior Fellow, Fraser Institute
Business
Canada’s economic pain could be a blessing in disguise

This article supplied by Troy Media.
By Roslyn Kunin
Tariffs, inflation, and falling incomes sound bad, but what if they’re forcing us to finally fix what’s broken?
Canada is facing serious economic headwinds—from falling incomes to rising inflation and U.S. trade hostility—but within this turmoil lies an opportunity. If we respond wisely, this crisis could become a turning point, forcing long-overdue reforms and helping us build a stronger, more independent economy.
Rather than reacting out of frustration, we can use these challenges to reassess what’s holding us back and move forward with practical solutions. From
trade policy to labour shortages and energy development, there are encouraging shifts already underway if we stay focused.
A key principle when under pressure is not to make things worse for ourselves. U.S. tariffs on Canadian steel and aluminum, and the chaotic renegotiation of NAFTA/CUSMA, certainly hurt our trade-dependent economy. But retaliatory tariffs don’t work in our favour. Canadian imports make
up a tiny fraction of the U.S. economy, so countermeasures barely register there, while Canadian consumers end up paying more. The federal government’s own countertariffs on items like orange juice and whisky raised costs here without changing American policy.
Fortunately, more Canadians are starting to realize this. Some provinces have reversed bans on U.S. goods. Saskatchewan, for example, recently lifted
restrictions on American alcohol. These decisions reflect a growing recognition that retaliating out of pride often means punishing ourselves.
More constructively, Canada is finally doing what should have happened long ago: diversifying trade. We’ve put too many economic eggs in one
basket, relying on an unpredictable U.S. market. Now, governments and businesses are looking for buyers elsewhere, an essential step toward greater stability.
At the same time, we’re starting to confront domestic barriers that have held us back. For years, it’s been easier for Canadian businesses to trade with the U.S. than to ship goods across provincial borders. These outdated restrictions—whether on wine, trucks or energy—have fractured our internal market. Now, federal and provincial governments are finally taking steps to create a unified national economy.
Labour shortages are another constraint limiting growth. Many Canadian businesses can’t find the skilled workers they need. But here, too, global shifts
are opening doors. The U.S.’s harsh immigration and research policies are pushing talent elsewhere, and Canada is emerging as the preferred alternative.
Scientists, engineers and graduate students, especially in tech and clean energy, are increasingly choosing Canada over the U.S. due to visa uncertainty and political instability. Our universities are already benefiting. If we continue to welcome international students and skilled professionals, we’ll gain a long-term advantage.
Just as global talent is rethinking where to invest their future, Canada has a chance to reassert leadership in one of its foundational industries: energy.
The federal government is now adopting a more balanced climate policy, shifting away from blanket opposition to carbon-based energy and focusing instead on practical innovation. Technologies such as carbon capture and storage are reducing emissions and helping clean up so-called dirty oil. These cleaner energy products are in demand globally.
To seize that opportunity, we need infrastructure: pipelines, refining capacity and delivery systems to get Canadian energy to world markets and across our own country. Projects like the Trans Mountain pipeline expansion, along with east-west grid connections and expanded refining, are critical to reducing dependence on U.S. imports and unlocking Canada’s full potential.
Perhaps the most crucial silver lining of all is a renewed awareness of the value of this country. As we approach July 1, more Canadians are recognizing how fortunate we are. Watching the fragility of democracy in the U.S., and confronting the uncomfortable idea of being reduced to a 51st state, has reminded us that Canada matters. Not just to us, but to the world.
Dr. Roslyn Kunin is a respected Canadian economist known for her extensive work in economic forecasting, public policy, and labour market analysis. She has held various prominent roles, including serving as the regional director for the federal government’s Department of Employment and Immigration in British Columbia and Yukon and as an adjunct professor at the University of British Columbia. Dr. Kunin is also recognized for her contributions to economic development, particularly in Western Canada.
Troy Media empowers Canadian community news outlets by providing independent, insightful analysis and commentary. Our mission is to support local media in helping Canadians stay informed and engaged by delivering reliable content that strengthens community connections and deepens understanding across the country.
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