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Opinion

Judge Andrew P. Napolitano: Can Congress Ban TikTok?

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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

DISTRIBUTED BY CREATORS.COM

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2025 Federal Election

Carney’s Fiscal Fantasy: When the Economist Becomes More Dangerous Than the Drama Teacher

Published on

From Yakk Stack

Sheldon Yakiwchuk's avatar Sheldon Yakiwchuk

Advanced Polling in effect, lineups at the polls longer than ever witnessed in Canadian History, it’s only Today that Mark Carney and the Liberals have unleashed the furry of their Economic Pathway for Canadians…

No Balanced Budget until 2045?
AYFKM?

This is literally worse than imagining that the Budget will Balance Itself!

And…

From an Economist?

I mean…

By now, Canadians are used to watching Liberal leaders toss around billions as if Monopoly money flows from the Peace Tower. But Mark Carney, the supposed “grown-up in the room,” has just shattered any illusion that he’s the responsible one at the table.

In the latest Liberal platform rollout, Carney promised nearly $130 billion in new measures over four years — a move that, when combined with existing spending plans, adds a jaw-dropping $225 billion to Canada’s already ballooning federal debt. This isn’t just imprudent — it’s economic malpractice.

And let’s not forget, this isn’t coming from a part-time drama teacher. This is Mark Carney — the former Governor of the Bank of Canada and the Bank of England. A man who, on paper, should understand that debt and deficits aren’t abstract theories, but real burdens passed on to future generations. Yet here he is, throwing fiscal caution to the wind with more reckless abandon than Justin Trudeau ever managed with his “sunny ways.”

A Dangerous Dose of Delusion

Carney called this platform “prudent with people’s hard-earned tax dollars” — as if adding a quarter-trillion dollars to the national debt is the new definition of restraint.

One of the marquee pledges? A 1% cut to the lowest federal tax bracket, dropping it from 15% to 14%. While that sounds like a modest win for working Canadians, the real cost is anything but: $22 billion over four years — paid for with borrowed money. It’s a shiny giveaway wrapped in fiscal irresponsibility.

On the defense front, the Liberals now want to increase military spending by $18 billion, finally waking up to global threats after years of neglect. This includes everything from raises and housing for CAF members to long-overdue modernization and recruitment reforms — noble goals, no doubt, but late and politically motivated. The Liberals have ignored defense for a decade, but now that NATO is watching and war is trending, they’re throwing money at the problem and hoping no one notices the hypocrisy.

Worse Than Trudeau?

Let’s be clear: Justin Trudeau’s time in office saw deficits explode, services falter, and fiscal anchors snapped like twigs. But Trudeau never claimed to be an economist. Carney does — and that makes this all the more damning.

This is not the cool-headed central banker Canadians were promised. This is a politician trying to outspend Trudeau in an election year, cloaking vote-buying in economic jargon and calling it “vision.”

The Bottom Line

Carney’s plan is not a blueprint for prosperity — it’s a roadmap to fiscal ruin. If Trudeau was the wide-eyed idealist who believed budgets balanced themselves, Carney is the cold, calculated number-cruncher who knows they don’t… and spends anyway.

Canada doesn’t need another “visionary” with a blank cheque. It needs leadership with a grip on reality — and a respect for taxpayers that goes beyond pandering soundbites.

Because if this is what “responsible” leadership looks like, we’re in deeper trouble than we thought.


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Energy

Federal Clean Power Plan Risks Blackouts And Higher Bills

Published on

From the Frontier Centre for Public Policy

By Maureen McCall

Ottawa’s Clean Electricity Regulations could derail Canada’s energy future. Here’s what we need to do

The federal government’s push to make Canada’s electricity system net-zero is running straight into reality—and it’s not pretty.

Through the Clean Electricity Regulations (CER), the government wants all provinces to eliminate greenhouse gas emissions from electricity generation by 2035. It is an ambitious goal, but one that ignores a basic fact: demand for electricity is exploding, and provinces are struggling to keep up.

New technologies like artificial intelligence are supercharging this demand. AI systems, including tools such as ChatGPT, rely on massive data centres—huge warehouses of computer servers that need constant cooling and enormous amounts of electricity to function. According to a recent Royal Bank of Canada report, if all proposed data centre projects in Canada move ahead, they would consume 14 per cent of the country’s entire electricity supply by 2030. That is roughly the same as projections in the United States, where data centres are expected to use up to 15 per cent of the national total.

This is a serious problem. Provinces such as Alberta and Saskatchewan have already raised the alarm, arguing that the federal regulations overstep Ottawa’s constitutional authority. Energy supply, like natural resources, has traditionally been under provincial control. Alberta and Ontario operate their own electricity markets to attract investment and ensure reliability. Federal regulations threaten to undermine these efforts, adding risk and driving up costs.

The situation is already tense. Alberta, for example, issued multiple grid alerts in 2024 due to shortages and market disruptions. The province is now looking at “behind-the-fence” power solutions, encouraging data centres to generate their own electricity to guarantee stability.

Canada was not always in this bind. For decades, we enjoyed an abundance of clean, affordable hydroelectric power. Provinces like Quebec, British Columbia, Manitoba and Newfoundland and Labrador built massive hydro projects starting in the 1960s, creating cheap power and even surpluses to export to U.S. markets. In 2022, for example, B.C. sent 74 per cent of its exported power to the U.S., while Quebec sent 63 per cent and Ontario an impressive 81 per cent, generating billions in revenue.

But that era is coming to an end. Most of the best sites for hydro dams have already been developed. New projects would require expensive, long-distance transmission lines to bring power from remote areas to the cities that need it. On top of that, growing environmental concerns make new dam construction an uphill battle.

The truth is, there is no quick fix. A 2025 study by the Fraser Institute paints a grim picture: to meet future electricity demand solely with solar power would require 1,680 years of construction. Wind power? About 1,150 years. Even hydro would take close to a millennium. Even if we combined these sources, we are still looking at more than 1,000 years to build enough capacity.

Meanwhile, federal projections estimate that Canada’s electricity demand will double by 2050.

Without significant policy changes, Canadians could soon face the worst of both worlds: soaring electricity bills and the threat of power shortages. Our economy could also suffer as companies and data centres look to other jurisdictions with more reliable power supplies.

So what should Canada do? Here are three practical steps:

  1. Scrap the Clean Electricity Regulations. Provinces like Alberta and Saskatchewan are already committed to reaching net-zero by 2050. Federal interference only creates unnecessary political battles and delays investments.
  2. Fast-track approvals for new interprovincial transmission lines. Today, building a new transmission line can take more than a decade. Speeding up this process would help provinces share power and avoid costly overbuilding of generation capacity.
  3. Launch a major low-interest loan program to build new power infrastructure. We need to dramatically expand our generation and transmission systems, including natural gas-fired plants, to meet future demand.

Canadians deserve a reliable, affordable and clean energy future. But we will not get there by ignoring the realities of rising demand and provincial responsibilities. It is time for the federal government to listen to the provinces, embrace practical solutions and avoid an avoidable crisis.

Otherwise, we are on track for blackouts, higher bills and missed economic opportunities.

Maureen McCall is an energy business analyst and Fellow at the Frontier Center for Public Policy. She writes on energy issues for EnergyNow and the BOE Report. She has 20 years of experience as a business analyst for national and international energy companies in Canada.

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