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Welcome to Keith Knight, Don't 
Tread on Anyone and a 

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libertarian institute. 
Today I'm joined by Jacob 

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Hubert, the president of the 
Liberty Justice Center. 

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Mr. Hubert, where is the best 
place for people to find the 

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work you do at the Liberty 
Justice Center? 

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You can read all about our work 
at libertyjusticecenter.org. 

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What was the Foreign Advisory 
Controlled Applications Act of 

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April 2024? 
This is a law that Congress 

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passed and President Biden 
signed in April that effectively

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bans TikTok as of January 19th, 
2025. 

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The law technically doesn't ban 
it. 

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It says that TikTok has to be 
divested in such a way that it 

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no longer has any connection to 
any company based in or or 

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formed in China because China is
a foreign adversary. 

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And as a practical matter, that 
means it's a ban because TikTok 

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cannot be separated from its 
parent company. 

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It's unique content 
recommendation engine that 

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connects people to content they 
might be interested in, was 

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developed in and is maintained 
in China so that if you severed 

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AUS TikTok from that, it just 
wouldn't be the same platform 

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anymore. 
So TikTok has said credibly that

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they can't divest. 
It's just if it takes effect, 

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it's just going to be a ban. 
And the ban means you won't be 

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able to get it in US app stores 
anymore, and they won't be able 

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to host anything on servers 
based in the US anymore. 

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But that's not all this law 
does. 

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This law also says that in the 
future, the president may 

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determine that any other social 
media platform is directed or 

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controlled by a foreign 
adversary country and it can and

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declare that it's a threat to 
national security and ban that. 

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And so this law isn't just about
banning TikTok. 

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It's about banning other 
platforms the government doesn't

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like if it can come up with some
tie to a foreign government and 

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say it's a threat to national 
security. 

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Historically, when it comes to 
what the government considers an

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adversary, we've had a number of
domestic groups that have been 

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considered adversaries. 
Definitions continuously change.

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There were more than 100,000 
people kidnapped in the Second 

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World War based on their 
ethnicity, German, Japanese, and

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Italian Americans or something 
like this. 

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How does the government or how 
do courts determine who is an 

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adversary and who isn't? 
Well, the law says, and if I 

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recall correctly, it's who you 
might expect. 

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And I think it's, you know, 
China, North Korea, Iran, 

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Venezuela, probably Cuba. 
I think that might be it. 

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It's, you know, it's the big 
ones that they always bring up 

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as our major foreign 
adversaries, supposedly. 

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Yes, when it comes to Byte Dance
Limited, is the claim that this 

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company is physically in China? 
Or is the claim that Xi Jinping 

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and his party are actually 
controlling this company Byte 

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Dance, which created or owns 
TikTok? 

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It's all hypothetical. 
So their offices are in Beijing,

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they're in China, but there's no
evidence that China has actually

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told TikTok to hand over users 
data or has told TikTok what 

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post to promote or suppress or 
anything like that. 

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In trying to justify this, the 
government can only say that, 

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well, someday maybe China will 
do this because after all, they 

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are in China and China can tell 
companies there what to do. 

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So maybe they'll do something 
nefarious involving American 

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users data you don't know what. 
Or maybe they will manipulate 

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what Americans see in some way 
that we can't predict someday. 

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So therefore we need to shut the
entire platform down now. 

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It's incredible you see how 
insecure the current 

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administration is. 
Or maybe it's multiple 

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administrations. 
When the government controls K 

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through 12 education, the 
government heavily funds and 

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subsidizes controls the 
literature at universities. 

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They have a corporate press 
which is constantly favorable to

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the regime, and they're 
terrified people might 

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voluntarily download a free app 
that allows them to access tons 

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of free information. 
The very, you know, education 

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that governments pretend to 
offer us. 

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What is Based Politics Inc 
versus Garland? 

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So that's our lawsuit 
challenging the TikTok ban. 

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We represent Base Politics, 
which is a nonprofit that uses 

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social media, especially TikTok,
to connect with young people and

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give them ideas related to free 
markets and individual liberty. 

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You might have seen their 
founders accounts, Hannah Cox 

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and Brad Palumbo. 
They're out there a lot on 

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Twitter and then especially on 
TikTok, and they found that 

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TikTok is really the place where
they can connect with a Gen. 

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Z audience that they can't reach
anywhere else. 

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So many Gen. 
Z people really are only on 

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TikTok. 
They're not using Facebook and 

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they're not getting their news 
from other sources either. 

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They're not even getting it from
traditional media and they're 

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not getting it from other social
media platforms. 

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So this is the place to be if 
you want to reach that audience 

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with your ideas. 
And they've been very successful

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at it there. 
They've had numerous videos with

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well over 1,000,000 views news 
and you know, they talk about 

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like, oh, Communist China is 
going to control messages on 

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this platform. 
Well, they're preaching 

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individual liberty and free 
markets and all kinds of things 

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that you would think the Chinese
government would not want to 

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promote. 
But and they're being very 

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successful at it and they won't 
be able to do that anymore. 

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They won't be able to reach this
audience at all anywhere if this

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ban is takes effect as scheduled
on January 19th. 

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Interesting, I did not know that
Brad and Hannah were semi 

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involved in this at all. 
That is very encouraging to 

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hear. 
I really do like both of them 

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when it comes to the domestic 
population. 

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So right now a lot of people are
in the mindset of we got this, 

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but we lost the terror war of 20
years. 

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We thought that was going to be 
a great victory and really unite

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the nation. 
So now we got to find a 

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different enemy and now it's 
going to be China, billion 

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people, 5000 year history. 
This is a really good enemy that

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we can take on. 
How do you get people out of the

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mindset of we need to take on 
this adversary and get them 

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looking at how this violates the
rights of the domestic 

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population, Americans which they
claim to protect? 

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Right, you should be against 
this ban regardless of what you 

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think of China. 
I mean I of course I don't like 

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the Chinese government, the 
Communist Party of China. 

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These are definitely bad people 
who do very bad things. 

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But that doesn't have really 
anything to do with Americans 

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right to use TikTok. 
TikTok is a Chinese based 

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company, and as a result of 
that, the Chinese government can

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theoretically exert control over
it in various ways. 

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But that's not really relevant 
to Americans who choose to use 

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TikTok. 
And we were talking about 

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shutting down TikTok. 
We're talking about shutting 

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down 170 million Americans who 
use TikTok to share or hear 

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speech, typically with other 
Americans. 

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And you hear all this about, oh,
it's a, you know, an organ for 

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Chinese propaganda. 
People aren't consuming Chinese 

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propaganda on TikTok. 
They're consuming the speech of 

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other Americans about all kinds 
of things. 

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Of course, you have very trivial
things, cat videos and dances 

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and whatever, But you also have 
people advancing serious ideas 

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there. 
And a major motivation we know 

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for enacting this ban was not 
anything to do with the Chinese 

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government. 
It actually was because people 

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in Congress don't like some of 
the things that people have been

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saying on TikTok or they think 
they might say on it in the 

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future. 
Mitt Romney, for example, said 

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that the reason this got so much
support in Congress was in part 

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because there's so much more 
talk about Palestinians on 

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TikTok than on other social 
media platforms. 

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That doesn't that doesn't have 
anything to do with China. 

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It has to do with some other 
issue where the likes of Mitt 

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Romney want to suppress dissent 
from the ideas they consider 

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right. 
And even now, in defending this 

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in court, the government comes 
forward and says as one of its 

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primary justifications that we 
need to shut this down because 

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with China could promote or 
suppress certain content in a 

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way that would, you know, affect
the democratic process or affect

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public opinion and in a way that
goes against the US government's

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interests. 
Well, the whole point of the 1st

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Amendment is to stop the 
government from passing laws to 

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suppress speech that it thinks 
goes against its interests. 

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The fact that you guys think 
this goes against your interests

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isn't a reason to shut it down. 
It's a reason why it's 

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unconstitutional. 
And, you know, as far as China 

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getting people's data, maybe, 
well, any user can make the 

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choice to not download TikTok 
and make sure that nobody in 

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China gets their data as a 
result. 

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Just as they make choices about 
whether they're going to use 

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Facebook or Google or YouTube or
whatever, in which case their 

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data may be vulnerable to being 
accessed by the US government, 

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which some people might think 
poses a more direct and 

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immediate threat to themselves 
and the Chinese government. 

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Yeah, that's an incredible 1. 
They really have to watch out in

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case we voluntarily download an 
app and give them our 

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information while the NSA lies 
about spying on us 

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indiscriminately all the time 
and then forces us to fund it 

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with our tax dollars. 
Just completely absurd. 

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What is the angle that you're 
planning to take in this case 

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when you're arguing with the 
Supreme Court? 

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Is it the same or different than
how you speak to the public in 

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general? 
I mean, it's pretty much the 

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same in that it's a really 
straightforward case. 

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This is a suppression of free 
speech. 

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It's shutting down a platform 
where people can express ideas 

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and reach a unique audience. 
And that, you know, but just on 

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its face should violate the 
First Amendment. 

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Then you have the fact that 
these people who passed it said 

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openly that they wanted to 
suppress speech based on its 

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ideas. 
That by itself should be the end

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of this thing. 
You have the fact that it's a 

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prior restraint on speech. 
It's it doesn't punish speech 

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after the fact. 
It stops speech from ever 

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happening. 
Well, that is like, you know, 

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almost automatic the 
invalidation if you're imposing 

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a prior restraint on speech. 
And yes, the Supreme Court has 

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said in the past that you might 
be able to suppress speech for 

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national security reasons. 
The court has always said that 

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that would only be acceptable to
stop an immediate threat like, 

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you know, to thwart an imminent 
attack. 

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And of course, you don't have 
that here at all. 

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You have just the theoretical 
possibility that China might do 

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something that the government 
doesn't like. 

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So, yeah, it's it's it's a 
pretty straightforward argument.

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And it's surprising really that 
the lower court that heard this,

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the US Court of Appeals for the 
DC Circuit didn't accept that. 

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They recognized that this 
imposes a content based 

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restriction on speech. 
That is, the government is 

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singling out a particular speech
based on its content, based on 

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the fact that it's on TikTok. 
And then, of course, we would 

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also say based on their desire 
to suppress this speech that 

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they said they want to suppress,
and it said it should get the 

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highest level of First Amendment
scrutiny. 

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And then it just said, well, it 
actually passes it because, 

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well, the government invoked 
national security. 

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And, you know, we're not 
national security experts. 

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We have to be deferential to the
government in this context. 

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And. 
Well, yeah, TikTok has said 

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there are other ways the 
government could address its 

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concerns. 
And TikTok came forward to try 

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to make a deal with the 
government where there would be,

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you know, third party 
protections in place to protect 

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people's data and all that sort 
of thing. 

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And the government rejected all 
of that. 

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And, you know, if the government
has a less restrictive 

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alternative, it's supposed to 
take it under the 1st Amendment,

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and they weren't willing to do 
that. 

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And the court here just said, 
well, they say that's not good 

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enough. 
They don't really explain why in

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any detail, but they say that's 
not good enough. 

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And so we're just going to defer
to them on that. 

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And of course, that's really 
disturbing that the government 

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could just basically say the 
words national security, submit 

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a few declarations from 
government officials where they 

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say, yeah, we really need to do 
this without a lot of detail. 

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And that would be enough for a 
court. 

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You know, another thing the 
government tried to do in the 

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lower court, they when they 
filed their brief with the 

230
00:13:53,160 --> 00:13:56,440
court, they submitted these 
three declarations from federal 

231
00:13:56,440 --> 00:14:00,480
officials, but they did it with 
many paragraphs of those 

232
00:14:00,480 --> 00:14:03,960
declarations blacked out. 
And then they also blacked out 

233
00:14:03,960 --> 00:14:06,840
many pages of their brief that 
they filed with the court. 

234
00:14:07,240 --> 00:14:13,760
And they, they said that they're
going to file the unredacted 

235
00:14:13,760 --> 00:14:16,880
versions of those things with 
the court and the court can look

236
00:14:16,880 --> 00:14:19,280
at that. 
But this is classified. 

237
00:14:19,280 --> 00:14:22,560
And so nobody else should get to
see this, including the 

238
00:14:22,560 --> 00:14:26,000
attorneys for the other side. 
And so the court should consider

239
00:14:26,000 --> 00:14:30,760
this in, in upholding our ban, 
but you guys can't see it and 

240
00:14:30,760 --> 00:14:32,600
therefore you and you guys can't
challenge it. 

241
00:14:33,080 --> 00:14:39,000
And fortunately the the lower 
court said that it didn't rely 

242
00:14:39,000 --> 00:14:40,880
on the things that were hidden 
from us. 

243
00:14:41,160 --> 00:14:44,360
But it's quite audacious of the 
government's want to suppress 

244
00:14:44,360 --> 00:14:48,880
speech on a massive scale and 
then not even let you know why 

245
00:14:48,880 --> 00:14:51,200
or give you the opportunity to 
challenge their supposed 

246
00:14:51,200 --> 00:14:53,320
evidence. 
But the details of that wouldn't

247
00:14:53,320 --> 00:14:55,480
matter anyway because they don't
claim there's an imminent 

248
00:14:55,480 --> 00:14:58,200
threat. 
And that's what you need if 

249
00:14:58,200 --> 00:15:00,160
you're going to invoke national 
security. 

250
00:15:01,880 --> 00:15:06,480
Is there, I know less than 
anything about the law, so this 

251
00:15:06,480 --> 00:15:08,040
might sound like an ignorant 
question. 

252
00:15:08,320 --> 00:15:10,960
Is there any way that this 
could, there could be an 

253
00:15:11,000 --> 00:15:14,760
antitrust angle here? 
All I heard about for years was 

254
00:15:14,760 --> 00:15:19,000
that the social media companies 
are monopolies also. 

255
00:15:19,160 --> 00:15:21,520
Now we need to outlaw a 
competitor. 

256
00:15:21,680 --> 00:15:25,440
Well, two minutes ago it was 
dangerous oligopolies that have 

257
00:15:25,440 --> 00:15:28,400
too much power. 
So then you get a competitor who

258
00:15:28,400 --> 00:15:30,600
was such a big competitor. 
Now you're afraid of it. 

259
00:15:30,600 --> 00:15:33,280
Now you want to ban it. 
Is there any way you could say 

260
00:15:33,280 --> 00:15:39,160
that it would be an antitrust 
violation to outlaw a competitor

261
00:15:39,320 --> 00:15:42,160
in an industry that only has 
three or four big players? 

262
00:15:42,920 --> 00:15:45,560
I'm not an antitrust expert, but
I think in general, if the 

263
00:15:45,560 --> 00:15:49,960
government does something to 
help prop up a monopoly and 

264
00:15:49,960 --> 00:15:52,480
that's, that's okay, right? 
That's the, the government is, 

265
00:15:52,480 --> 00:15:56,400
of course, the government is a 
monopoly and it and all the time

266
00:15:56,400 --> 00:16:00,280
it does things to create 
monopolies and cartels and prop 

267
00:16:00,280 --> 00:16:03,400
them up. 
So unfortunately, antitrust laws

268
00:16:03,400 --> 00:16:07,280
probably wouldn't work to the 
good in this situation. 

269
00:16:07,520 --> 00:16:11,360
And of course, we know that 
these people don't care per SE 

270
00:16:11,360 --> 00:16:13,320
about monopolies or 
concentration. 

271
00:16:13,320 --> 00:16:16,000
They really care about is what 
they can control. 

272
00:16:16,200 --> 00:16:19,200
And a lot of times, of course, 
the government prefers fewer 

273
00:16:19,200 --> 00:16:22,480
competitors in any kind of 
market because that's just, you 

274
00:16:22,480 --> 00:16:26,480
know, that's easier to control 
when you have one party or a few

275
00:16:26,480 --> 00:16:29,400
parties to deal with, especially
when you're talking about 

276
00:16:29,560 --> 00:16:32,520
manipulating speech. 
You know, another point on the 

277
00:16:32,520 --> 00:16:34,080
law I might mention that's on 
our side. 

278
00:16:34,080 --> 00:16:37,640
Something we've raised with the 
court is that the Supreme Court 

279
00:16:37,640 --> 00:16:42,880
has actually said that you have 
a right to obtain a foreign 

280
00:16:42,920 --> 00:16:45,680
communist propaganda, like from 
a foreign government. 

281
00:16:46,360 --> 00:16:49,200
There was a law passed many 
decades ago where they said, 

282
00:16:49,200 --> 00:16:53,680
well, if you get sent communist 
propaganda from a communist 

283
00:16:53,680 --> 00:16:58,520
country, the post office will 
hold that and then send you a 

284
00:16:58,520 --> 00:17:02,520
card informing you that you have
been sent this propaganda. 

285
00:17:02,520 --> 00:17:05,280
And if you want to receive it, 
then you check a box on that and

286
00:17:05,280 --> 00:17:08,040
you give that back to the post 
office and then they'll give you

287
00:17:08,040 --> 00:17:11,040
your propaganda. 
And the Supreme Court said, no, 

288
00:17:11,040 --> 00:17:14,200
that's a barrier to 
communication that violates the 

289
00:17:14,200 --> 00:17:16,640
First Amendment. 
You can hear any ideas you want 

290
00:17:16,640 --> 00:17:19,640
and you can't put extra steps in
the way of certain ideas. 

291
00:17:19,839 --> 00:17:24,520
So even if TikTok were pushing 
straight communist propaganda, 

292
00:17:24,680 --> 00:17:28,160
which it isn't this, the 1st 
amendment would still protect it

293
00:17:28,160 --> 00:17:33,480
under a Supreme Court precedent.
And they act as if TikTok is 

294
00:17:33,520 --> 00:17:37,600
like a thing that you turn on 
and it just plays one TikTok 

295
00:17:37,600 --> 00:17:40,640
into every household. 
They don't address the fact that

296
00:17:40,640 --> 00:17:43,600
there's a million channels to 
subscribe to and you can block 

297
00:17:43,600 --> 00:17:45,160
channels. 
You can only watch the ones you 

298
00:17:45,160 --> 00:17:47,520
sub to. 
There's it's so empowering. 

299
00:17:47,600 --> 00:17:52,840
If you compare it to the cable 
that I used to have like $120.00

300
00:17:52,840 --> 00:17:55,920
a month for a ton of junk that I
ended up canceling. 

301
00:17:56,160 --> 00:18:00,840
This costs $0.00 and zero cents 
and gives me more access to 

302
00:18:00,840 --> 00:18:04,280
productive information than I 
ever could have imagined from 

303
00:18:04,280 --> 00:18:07,760
more great minds and even people
who don't have TikTok accounts. 

304
00:18:07,800 --> 00:18:10,600
John J Mearsheimer, I can't 
imagine he has a tick tock 

305
00:18:10,600 --> 00:18:13,960
account, but he has a ton of 
people making tick tocks of his 

306
00:18:13,960 --> 00:18:15,720
work. 
He's much older, the younger 

307
00:18:15,720 --> 00:18:18,680
generation. 
There are so many benefits to 

308
00:18:18,680 --> 00:18:20,440
this. 
I can just imagine explaining 

309
00:18:20,440 --> 00:18:24,520
this to my great grandpa as he's
escaping the Austro Hungarian 

310
00:18:24,520 --> 00:18:27,520
Empire in the First World War, 
that one day you'll be able to 

311
00:18:27,520 --> 00:18:30,840
communicate to millions or 
billions of people across the 

312
00:18:30,840 --> 00:18:32,800
world. 
The average person will be 

313
00:18:32,800 --> 00:18:35,120
empowered. 
Not just the establishments that

314
00:18:35,120 --> 00:18:38,680
have access to the newspapers 
and buy ink by the barrel, but 

315
00:18:38,680 --> 00:18:40,320
the average person will be 
empowered. 

316
00:18:40,760 --> 00:18:44,320
The concept that the American 
government in the land of the 

317
00:18:44,320 --> 00:18:47,320
free would ban something like 
this that's so many millions of 

318
00:18:47,320 --> 00:18:50,960
Americans benefit it from, it's 
just absolutely psychotic. 

319
00:18:51,120 --> 00:18:55,000
Do you have any statistics on or
any idea of the number of people

320
00:18:55,000 --> 00:18:58,400
who are self-employed through 
TikTok who just use it as their 

321
00:18:58,400 --> 00:19:01,800
primary way of getting their 
voice out there and, you know, 

322
00:19:02,040 --> 00:19:05,640
gaining it monetary income? 
I don't have those statistics 

323
00:19:05,640 --> 00:19:08,360
off hand, but I do know that 
lots of people do make their 

324
00:19:08,360 --> 00:19:12,000
living through TikTok. 
So this not only is going to be 

325
00:19:12,000 --> 00:19:15,680
an unprecedented suppression of 
free speech, it's also going to 

326
00:19:15,680 --> 00:19:20,160
destroy the livelihoods of 
countless thousands, no doubt of

327
00:19:20,680 --> 00:19:23,920
of people. 
It, it really is extraordinary 

328
00:19:23,920 --> 00:19:25,960
in that way. 
You know, the government will 

329
00:19:25,960 --> 00:19:29,640
say, well, you can still say 
whatever you want. 

330
00:19:29,640 --> 00:19:33,560
You just, you go, you go do 
YouTube Shorts or Facebook reels

331
00:19:33,560 --> 00:19:36,800
or or whatever. 
But of course, you can't reach 

332
00:19:36,800 --> 00:19:38,800
the same audience in those 
places. 

333
00:19:39,240 --> 00:19:43,640
And a TikTok really is 
extraordinary in its ability to 

334
00:19:43,640 --> 00:19:46,920
know who is going to be 
receptive to your message and 

335
00:19:46,920 --> 00:19:50,600
connect you to those people. 
And it seems like I don't use 

336
00:19:50,600 --> 00:19:53,760
it, but it it seems like from 
what I hear from people, it's 

337
00:19:53,760 --> 00:19:57,720
really good at just catering to 
what is going to be interesting 

338
00:19:57,720 --> 00:20:00,600
to you, including things that 
you maybe didn't. 

339
00:20:01,040 --> 00:20:03,520
Wouldn't have thought to look up
yourself because you haven't 

340
00:20:03,520 --> 00:20:06,600
heard of them, but yet somehow, 
based on your patterns, it's 

341
00:20:06,600 --> 00:20:09,320
good at predicting that. 
And I suppose some people find 

342
00:20:09,320 --> 00:20:11,600
that sort of mind reading a 
little bit disturbing. 

343
00:20:11,600 --> 00:20:15,880
But many people find it to be a 
great service, and they should 

344
00:20:15,880 --> 00:20:18,920
be allowed to take advantage of 
that service if they want to, 

345
00:20:18,920 --> 00:20:22,280
whether it's coming from a 
company in China or anywhere 

346
00:20:22,280 --> 00:20:24,880
else. 
And for those who find it 

347
00:20:24,880 --> 00:20:29,360
disturbing, uninstall the app 
takes what, 3045 seconds? 

348
00:20:29,360 --> 00:20:31,600
We have to wait for the 
government to come in and do 

349
00:20:31,600 --> 00:20:34,960
basically everything. 
I think that was JD Vance's 

350
00:20:34,960 --> 00:20:37,120
point when he was on Joe Rogan's
show. 

351
00:20:37,120 --> 00:20:40,640
He goes, we need to really step 
up the regulation of social 

352
00:20:40,640 --> 00:20:44,680
media cause what's happening on 
the screen are about 10,000 

353
00:20:44,680 --> 00:20:47,720
things that your brain is 
engaged with, but you only know 

354
00:20:47,720 --> 00:20:49,760
about two of them. 
What do you think about the 

355
00:20:49,760 --> 00:20:53,680
argument that there is such an 
information asymmetry between 

356
00:20:54,120 --> 00:20:57,720
these content producers and the 
content viewers that the state 

357
00:20:57,720 --> 00:21:01,440
needs to step in and be the 
mediator, making sure that the 

358
00:21:01,440 --> 00:21:04,160
masses aren't exploited by the 
companies? 

359
00:21:04,760 --> 00:21:07,240
Well, what? 
Why would we trust the 

360
00:21:07,240 --> 00:21:10,360
government to decide what 
purveyors of information we 

361
00:21:10,560 --> 00:21:13,200
received which we don't? 
We know the government is going 

362
00:21:13,200 --> 00:21:17,560
to exercise that power in a way 
that excuse things to support 

363
00:21:17,560 --> 00:21:20,280
the government's narratives on 
things and suppress dissenting 

364
00:21:20,280 --> 00:21:22,480
narratives. 
That's expressly what they're 

365
00:21:22,480 --> 00:21:25,760
doing here and what we would 
expect the government to do in 

366
00:21:25,760 --> 00:21:29,200
any situation like that. 
And, you know, as far as 

367
00:21:29,200 --> 00:21:33,920
consumer awareness goes, I think
people are pretty aware that all

368
00:21:33,920 --> 00:21:38,720
of these platforms use 
algorithms to manipulate what 

369
00:21:38,720 --> 00:21:41,880
they see in various ways, 
whether that's in choosing 

370
00:21:41,880 --> 00:21:46,240
advertising for them and 
choosing what information they 

371
00:21:46,240 --> 00:21:50,880
see or don't see. 
And people have become good 

372
00:21:50,880 --> 00:21:54,080
consumers in a sense that if 
you, if you want completely free

373
00:21:54,080 --> 00:21:56,840
and unmoderated discussion, 
people are pretty aware that you

374
00:21:56,840 --> 00:21:58,480
could go to X and get that 
there. 

375
00:21:58,640 --> 00:22:02,840
If you prefer to have things 
more curated to your delicate 

376
00:22:02,840 --> 00:22:05,880
sensibilities, there are other 
platforms that will do that for 

377
00:22:05,880 --> 00:22:08,320
you. 
And people know that with their 

378
00:22:08,320 --> 00:22:11,960
cell phones, they are, they're 
giving away their locations 

379
00:22:11,960 --> 00:22:15,320
through various apps and giving 
away information about their 

380
00:22:15,320 --> 00:22:17,960
purchases and all kinds of stuff
like that. 

381
00:22:18,160 --> 00:22:21,440
Not everybody knows the full 
extent, no doubt, but I think 

382
00:22:21,440 --> 00:22:24,840
people are pretty savvy now and 
know that a lot of this is going

383
00:22:24,840 --> 00:22:28,720
on and by a large, people just 
choose to go on using things 

384
00:22:28,720 --> 00:22:31,680
anyway. 
I know all this and you know, 

385
00:22:31,680 --> 00:22:34,800
part of me would rather not 
share my information with 

386
00:22:34,800 --> 00:22:39,120
Google, but at the end of, well,
I want to use Google Maps and I 

387
00:22:39,120 --> 00:22:44,000
want to use watch YouTube videos
and I'm willing to pay that cost

388
00:22:44,240 --> 00:22:48,040
to get this service and that 
should be my choice to make, not

389
00:22:48,040 --> 00:22:50,440
the government's. 
And of course, if the if the 

390
00:22:50,440 --> 00:22:54,080
issue really is information 
asymmetry, well, fine, give 

391
00:22:54,080 --> 00:22:56,360
people more information, 
information inform people that 

392
00:22:56,360 --> 00:22:58,280
this is going on think they 
don't know. 

393
00:22:58,640 --> 00:23:02,640
That would be a way to address 
this that doesn't just shut down

394
00:23:02,880 --> 00:23:07,720
everybody's speech, which is 
like the most extreme response 

395
00:23:07,720 --> 00:23:10,480
that you could have to this 
exactly He. 

396
00:23:10,480 --> 00:23:13,240
Said this on the Joe Rogan 
Experience which is like the 

397
00:23:13,240 --> 00:23:16,280
second most watched podcast in 
the English speaking language. 

398
00:23:16,520 --> 00:23:18,600
Hey, there's a ton of info we 
don't have. 

399
00:23:18,920 --> 00:23:21,320
Please tell us. 
I mean, surely you're smart 

400
00:23:21,320 --> 00:23:23,000
enough to know enough to 
regulate it. 

401
00:23:23,120 --> 00:23:26,360
So surely you could tell us and 
give us a fair warning telling 

402
00:23:26,360 --> 00:23:29,600
us to not walk off this Cliff. 
Could you imagine if he actually

403
00:23:29,600 --> 00:23:33,760
believed that information 
asymmetry justified regulation? 

404
00:23:34,000 --> 00:23:36,840
Jacob, you can't buy a car 
because you don't really know 

405
00:23:36,840 --> 00:23:39,040
how it's made. 
What's going on in that car is 

406
00:23:39,040 --> 00:23:41,560
so beyond what you understand. 
I'm not going to let you buy it.

407
00:23:41,720 --> 00:23:44,160
You don't understand the 
complexities of your computer, 

408
00:23:44,240 --> 00:23:46,360
so I'm not going to let you buy 
one of those because you won't 

409
00:23:46,360 --> 00:23:48,480
know what to do with it. 
You don't know how houses are 

410
00:23:48,480 --> 00:23:50,400
made, so I'm going to stop you 
from buying those. 

411
00:23:50,760 --> 00:23:52,880
My heavens. 
Thank God he just says this 

412
00:23:52,880 --> 00:23:55,080
nonsense and doesn't actually 
believe it. 

413
00:23:55,400 --> 00:24:00,480
When you look at something like 
the Mises Institute has all 

414
00:24:00,480 --> 00:24:04,080
these videos, this is the free 
online education. 

415
00:24:04,280 --> 00:24:08,320
This is right on TikTok. 
Stefan Molyneux, also one of my 

416
00:24:08,320 --> 00:24:11,520
heroes, has a ton of free 
information. 

417
00:24:11,720 --> 00:24:13,480
This guy has researched this 
stuff. 

418
00:24:13,640 --> 00:24:17,760
Even if you hate him, let's hear
the bad ideas and exchange. 

419
00:24:17,800 --> 00:24:19,720
You know why we think they're 
right, why they think they're 

420
00:24:19,720 --> 00:24:21,640
wrong. 
Not to mention, I have my own 

421
00:24:21,640 --> 00:24:26,040
TikTok that I upload stuff to. 
It's just so psychotic that they

422
00:24:26,040 --> 00:24:30,320
want to forcibly stop people 
from engaging in mutually 

423
00:24:30,320 --> 00:24:32,760
beneficial information 
exchanges. 

424
00:24:32,760 --> 00:24:35,600
It's like the ultimate 
psychopathic boyfriend who says 

425
00:24:35,920 --> 00:24:38,160
my my girlfriend can't talk to 
anyone. 

426
00:24:38,320 --> 00:24:40,440
Nope, just me. 
They might endanger her. 

427
00:24:41,720 --> 00:24:42,480
Yeah, right. 
Well of. 

428
00:24:42,480 --> 00:24:44,760
Course, you know, that's been 
the Biden administration's 

429
00:24:44,760 --> 00:24:48,600
attitude from the beginning. 
Within days after taking office,

430
00:24:48,600 --> 00:24:52,960
the White House is sending 
messages to people at Twitter 

431
00:24:52,960 --> 00:24:57,120
and Facebook and so on, 
complaining about posts about 

432
00:24:57,560 --> 00:25:00,680
COVID, complaining about parody 
accounts targeting the Biden 

433
00:25:00,680 --> 00:25:03,520
family. 
And for their first two years in

434
00:25:03,520 --> 00:25:07,040
office, they're having post 
deleted, having people 

435
00:25:07,040 --> 00:25:11,000
suspended, having people banned 
for dissenting from the 

436
00:25:11,000 --> 00:25:16,080
government narrative on COVID. 
And, and, you know, finally in 

437
00:25:16,080 --> 00:25:20,040
2023, a court issued an 
injunction putting an end to all

438
00:25:20,040 --> 00:25:22,240
that. 
But the damage had already been 

439
00:25:22,240 --> 00:25:24,840
done there. 
Because when people needed to 

440
00:25:24,840 --> 00:25:28,880
speak about these things openly 
the most, they weren't able to. 

441
00:25:29,320 --> 00:25:33,160
But then they turn around and 
enact this TikTok ban. 

442
00:25:33,400 --> 00:25:37,800
And so it seems like control of 
speech online is one of the 

443
00:25:38,000 --> 00:25:40,360
dominant themes of the Biden 
administration. 

444
00:25:40,680 --> 00:25:43,120
And so hopefully that's coming 
to an end. 

445
00:25:43,120 --> 00:25:47,920
You know, I there may be some 
things to like about JD Vance 

446
00:25:47,920 --> 00:25:51,720
and his attitude toward social 
media censorship is it may be 

447
00:25:51,720 --> 00:25:55,600
one of them, But at least 
President Trump has said or 

448
00:25:55,600 --> 00:25:58,960
signaled that he does not 
support this TikTok ban. 

449
00:25:59,720 --> 00:26:02,640
Unfortunately, it will be too 
late to do it for him to do 

450
00:26:02,640 --> 00:26:05,360
anything about it when he takes 
office because he takes office 

451
00:26:05,360 --> 00:26:08,080
on January 20th. 
This thing takes effect on 

452
00:26:08,080 --> 00:26:11,880
January 19th. 
And even if when he does take 

453
00:26:11,880 --> 00:26:15,920
office, well, this law will be 
in effect unless Congress 

454
00:26:15,920 --> 00:26:19,360
repeals it and he signs that 
repeal and it passed the 

455
00:26:19,360 --> 00:26:21,480
bipartisan support. 
So repeal could be hard. 

456
00:26:22,320 --> 00:26:25,560
I would hope that if the Supreme
Court doesn't do anything in the

457
00:26:25,560 --> 00:26:29,920
meantime, that Trump would just 
say the First Amendment. 

458
00:26:30,440 --> 00:26:32,520
Trump's all other 
considerations. 

459
00:26:32,520 --> 00:26:34,680
I've taken a note to uphold the 
Constitution. 

460
00:26:35,200 --> 00:26:38,200
Therefore we can't enforce this.
Therefore, we won't enforce 

461
00:26:38,200 --> 00:26:40,800
this, but it would be much 
better if the Supreme Court 

462
00:26:40,800 --> 00:26:43,920
struck this down so we don't 
have to rely on the goodwill of 

463
00:26:43,920 --> 00:26:49,800
a particular president. 
And and, you know, sometimes, 

464
00:26:50,280 --> 00:26:53,360
again, like as with the COVID 
stuff, you end up not getting 

465
00:26:53,360 --> 00:26:56,840
the court decisions that you 
want because the the court 

466
00:26:57,400 --> 00:26:59,680
weighs in too late after the 
damage is done. 

467
00:26:59,840 --> 00:27:03,120
The Supreme Court has an 
opportunity to put an end to 

468
00:27:03,120 --> 00:27:04,640
this before it ever takes 
effect. 

469
00:27:04,640 --> 00:27:06,520
And so that's what we're hoping 
it'll do. 

470
00:27:07,960 --> 00:27:12,600
If you look at someone like 
Katanji Brown Jackson, Sonia 

471
00:27:12,600 --> 00:27:18,200
Sotomayor, Elena Kagan, it seems
like they have the progressive 

472
00:27:18,200 --> 00:27:22,960
worldview of looking at things 
through the lens of the powerful

473
00:27:23,000 --> 00:27:26,160
and the powerless, the exploited
and the exploiters. 

474
00:27:26,440 --> 00:27:30,720
Is there any way you're going to
curtail this argument to where 

475
00:27:31,040 --> 00:27:34,000
they might be on Biden's side 
and feel an obligation to vote 

476
00:27:34,000 --> 00:27:36,560
in favor of whatever Biden had 
supported? 

477
00:27:36,760 --> 00:27:39,440
Is there anything in particular 
you're going to say to those 

478
00:27:39,440 --> 00:27:42,960
minds that you think will really
be persuasive and put pressure 

479
00:27:42,960 --> 00:27:46,920
on them to vote against the 
Foreign Adversary Controlled 

480
00:27:46,920 --> 00:27:48,880
Applications Act? 
That's a good. 

481
00:27:48,880 --> 00:27:52,320
Question, I think, you know, as 
a general matter, they would 

482
00:27:52,320 --> 00:27:54,920
acknowledge the right to free 
speech online. 

483
00:27:54,920 --> 00:27:59,560
They would recognize that 
content affecting companies 

484
00:27:59,560 --> 00:28:04,040
content moderation policies can 
violate the First Amendment. 

485
00:28:04,320 --> 00:28:07,560
So I'm, I'm not sure they would 
be against us. 

486
00:28:07,560 --> 00:28:11,880
It's a little hard to read where
particular justices will be on 

487
00:28:11,880 --> 00:28:14,480
this. 
You know, we had a bipartisan 

488
00:28:14,480 --> 00:28:17,160
panel in the DC Circuit Court of
Appeals. 

489
00:28:17,600 --> 00:28:21,360
The judge who wrote the opinion 
was Judge Douglas Ginberg, who 

490
00:28:21,360 --> 00:28:24,520
has a reputation for being a 
libertarian. 

491
00:28:24,560 --> 00:28:29,320
People say, as these things go 
among, you know, among federal 

492
00:28:29,320 --> 00:28:33,560
judges. 
And yet the invocation of China 

493
00:28:33,560 --> 00:28:37,120
and national security was enough
to win that judge over. 

494
00:28:37,840 --> 00:28:41,520
So we just have to hope that 
this court that's been pretty 

495
00:28:41,520 --> 00:28:45,960
good on speech issues in 
general, will will be good on 

496
00:28:45,960 --> 00:28:49,480
this and won't let national 
security concerns overwhelm 

497
00:28:49,480 --> 00:28:53,120
everything. 
Because they should recognize 

498
00:28:53,400 --> 00:28:58,320
that that would open the door to
the censorship of all kinds of 

499
00:28:58,320 --> 00:29:00,280
speech, including the speech 
that they like, whether they're 

500
00:29:00,280 --> 00:29:05,080
on the left or the right. 
So is it that they're so afraid 

501
00:29:05,080 --> 00:29:08,880
of speech, the idea that, well, 
we can't trade with China 

502
00:29:08,880 --> 00:29:12,800
because, you know, the 
government influences these, 

503
00:29:12,840 --> 00:29:15,040
this product, and we don't want 
that here? 

504
00:29:15,280 --> 00:29:18,280
Well, if you haven't noticed, 
almost everything we have is 

505
00:29:18,280 --> 00:29:22,040
made in China. 
So it has to be a case of they 

506
00:29:22,040 --> 00:29:25,440
don't want access to something 
that could immediately update. 

507
00:29:25,680 --> 00:29:29,160
And, you know, next thing you 
know, Xi Jinping is giving, you 

508
00:29:29,160 --> 00:29:33,080
know, a global message to Usher 
and the CCP totalitarianism in 

509
00:29:33,080 --> 00:29:35,960
America. 
What is it about this that they 

510
00:29:35,960 --> 00:29:39,040
are so terrified about? 
I know you mentioned the thing 

511
00:29:39,040 --> 00:29:43,480
with Mitt Romney talking about 
people having access to the 

512
00:29:44,320 --> 00:29:48,400
atrocities in Gaza. 
Why is it that governments all 

513
00:29:48,400 --> 00:29:51,680
over the globe are constantly 
seeking to restrict speech 

514
00:29:51,680 --> 00:29:53,960
specifically? 
Why are they so insecure about 

515
00:29:53,960 --> 00:29:55,560
this? 
Well, because of course. 

516
00:29:55,560 --> 00:29:57,200
Speech is a threat to their 
power. 

517
00:29:57,200 --> 00:29:59,840
If they can control the 
narrative and control the 

518
00:29:59,840 --> 00:30:03,880
information people receive, 
there's going to be a lot less 

519
00:30:04,320 --> 00:30:07,720
dissent. 
Of course, you know, if people 

520
00:30:07,880 --> 00:30:12,760
had had full access to 
information about COVID related 

521
00:30:12,760 --> 00:30:15,680
issues from the beginning, it 
would have been a lot harder to 

522
00:30:15,680 --> 00:30:18,920
get them to go along with 
staying in their homes for 

523
00:30:18,920 --> 00:30:23,640
months and shutting down their 
businesses and not having 

524
00:30:24,200 --> 00:30:26,080
funerals and seeing their loved 
ones. 

525
00:30:26,080 --> 00:30:29,360
And all the all this stuff would
be very much, much harder to 

526
00:30:29,360 --> 00:30:33,760
control in an environment of 
free speech than it is when 

527
00:30:33,760 --> 00:30:37,000
there's one message coming 
through the media and social 

528
00:30:37,000 --> 00:30:41,560
media that that makes gives the 
impression that every reasonable

529
00:30:41,560 --> 00:30:46,560
person thinks the same thing. 
I mean, of course information is

530
00:30:46,560 --> 00:30:49,280
a threat to government power in 
general. 

531
00:30:49,280 --> 00:30:51,640
It's why governments have always
done it. 

532
00:30:51,920 --> 00:30:55,880
And the recognition of that is a
reason why we have a 1st 

533
00:30:55,880 --> 00:30:58,800
Amendment. 
And we're very, you know, say 

534
00:30:58,800 --> 00:31:02,320
what you will about the 
Constitution in general, but 

535
00:31:02,520 --> 00:31:05,720
look at the countries that that 
don't have a First Amendment, 

536
00:31:05,960 --> 00:31:09,080
that the government can get away
with virtually anything and 

537
00:31:09,080 --> 00:31:11,720
almost every other country when 
it comes to suppressing speech. 

538
00:31:12,040 --> 00:31:19,000
But we have had a lot more free 
expression because we do have a,

539
00:31:19,240 --> 00:31:22,160
an imperfectly enforced First 
Amendment. 

540
00:31:22,480 --> 00:31:26,760
And it's really critical that 
the Supreme Court use it here 

541
00:31:26,760 --> 00:31:29,440
because this this is really 
where it really counts when 

542
00:31:29,440 --> 00:31:31,920
you're, you know, there's every 
First Amendment case is 

543
00:31:31,920 --> 00:31:36,560
important, but you know, they 
take on fringe issues of people 

544
00:31:36,560 --> 00:31:40,880
making crush videos and things 
like that and say that violates 

545
00:31:40,880 --> 00:31:43,360
the First Amendment. 
Well, here you're talking about 

546
00:31:43,600 --> 00:31:47,800
the speech of activities of 170 
million people, something really

547
00:31:47,800 --> 00:31:49,960
unprecedented. 
So I would certainly hope that 

548
00:31:49,960 --> 00:31:54,280
they would realize that this is 
where it counts. 

549
00:31:54,320 --> 00:31:56,360
This this is exactly what it's 
for. 

550
00:31:57,760 --> 00:32:03,640
There was a law and I want to 
say Prussia in the 17 or 1800s 

551
00:32:03,920 --> 00:32:07,640
and the wording was it made it a
crime to inflamed the passions 

552
00:32:07,640 --> 00:32:12,320
of the feeble minded when it 
comes to the downsides of free 

553
00:32:12,320 --> 00:32:15,840
speech. 
Do you see any overall 

554
00:32:15,840 --> 00:32:19,160
downsides, all else equal, that 
sometimes it's better for there 

555
00:32:19,160 --> 00:32:23,040
to be a monopolist who says what
can and can't be said in a 

556
00:32:23,040 --> 00:32:26,240
geographical area just for the 
sake of keeping order? 

557
00:32:26,480 --> 00:32:29,600
Just for the sake of keeping 
what I'm sure they would 

558
00:32:29,600 --> 00:32:32,600
consider to be low IQ people 
from having too much power in 

559
00:32:32,600 --> 00:32:34,760
the society to spread 
misinformation? 

560
00:32:35,600 --> 00:32:37,560
When? 
You said inflaming the passions 

561
00:32:37,560 --> 00:32:39,640
of the feeble mind that I 
thought, isn't that what 

562
00:32:39,640 --> 00:32:41,200
politicians do? 
Isn't that they're like their 

563
00:32:41,200 --> 00:32:44,640
whole deal. 
And so like they, they are the 

564
00:32:44,640 --> 00:32:46,040
ones that we should be worried 
about. 

565
00:32:46,040 --> 00:32:48,800
And so when you're suppressed, 
like when they're the arbiters 

566
00:32:48,800 --> 00:32:52,040
of what can be said and they're,
and they're picking and choosing

567
00:32:52,040 --> 00:32:55,920
what people can hear, that makes
it less likely for the truth to 

568
00:32:55,920 --> 00:32:57,880
get out. 
Of course, when you have any 

569
00:32:57,880 --> 00:33:01,240
monopolist on speech, you're 
going to get things tilted in 

570
00:33:01,240 --> 00:33:05,600
favor of things that serve the 
interests of that that arbiter 

571
00:33:05,600 --> 00:33:08,480
of truth, and you get further 
away from the truth. 

572
00:33:08,480 --> 00:33:12,280
And of course, free speech 
doesn't guarantee that the best 

573
00:33:12,280 --> 00:33:16,000
ideas will win, but at least it 
ensures that they can get out 

574
00:33:16,000 --> 00:33:18,040
there so that they have a chance
of prevailing. 

575
00:33:18,480 --> 00:33:23,360
And you don't have that if the 
government is is picking and 

576
00:33:23,360 --> 00:33:28,640
choosing what people can hear. 
And of course, people can, you 

577
00:33:28,640 --> 00:33:31,120
know, come up with hypotheticals
about, well, wouldn't it 

578
00:33:31,120 --> 00:33:34,400
technically, you know, serve the
people's interest better if they

579
00:33:34,400 --> 00:33:37,480
could do it in this emergency or
that emergency? 

580
00:33:37,760 --> 00:33:42,520
But however, that it's unlikely,
it's unlikely that we need that 

581
00:33:42,520 --> 00:33:44,920
in any situation. 
But even if there is a you can 

582
00:33:44,920 --> 00:33:47,520
come up with situations where 
you might think it would serve 

583
00:33:47,520 --> 00:33:51,160
the public's interest, the 
precedent would be would be so 

584
00:33:51,160 --> 00:33:54,320
dangerous that it wouldn't be 
worth doing anyway. 

585
00:33:54,440 --> 00:33:57,480
And of course, putting aside the
justice of the matter, which is 

586
00:33:57,480 --> 00:34:00,880
it's always wrong to stop people
from speaking no matter what 

587
00:34:00,880 --> 00:34:02,960
they're saying. 
And certainly even from my 

588
00:34:02,960 --> 00:34:06,520
perspective, free speech, it is 
something of a dangerous thing. 

589
00:34:06,520 --> 00:34:09,520
Free speech means people can 
advocate for socialism and 

590
00:34:09,520 --> 00:34:11,840
communism with like the worst 
ideas there are. 

591
00:34:12,040 --> 00:34:15,199
And in some places in time, that
might mean that they'll prevail.

592
00:34:15,679 --> 00:34:20,520
And yet the alternative of 
government controlling the ideas

593
00:34:20,520 --> 00:34:24,400
that are out there is is worse. 
Just just like with so many 

594
00:34:24,400 --> 00:34:29,080
rights that we have, you know, 
protections against searches and

595
00:34:29,080 --> 00:34:32,280
seizures maybe means that some 
criminals will go free. 

596
00:34:32,560 --> 00:34:35,239
But we accept that because the 
alternative of the government 

597
00:34:35,239 --> 00:34:38,800
being able to search everybody 
all the time is so much worse. 

598
00:34:38,800 --> 00:34:41,679
And of course, those of us who 
believe in liberty not only 

599
00:34:41,679 --> 00:34:44,280
believe that that's the just 
thing, we also think that's 

600
00:34:44,280 --> 00:34:46,480
going to work out the best for 
everybody in the long run. 

601
00:34:48,040 --> 00:34:53,639
A lot of people have accepted 
the fundamental claim that the 

602
00:34:53,639 --> 00:34:57,760
state has a unique right to 
criminalize economic activities 

603
00:34:57,760 --> 00:35:01,120
between consenting adults under 
the guise of keeping them safe. 

604
00:35:01,480 --> 00:35:04,920
Do you think there's a principal
difference between keeping me 

605
00:35:04,920 --> 00:35:08,640
safe from the food I buy, from 
the electronics I buy, and the 

606
00:35:08,640 --> 00:35:11,400
speech I hear? 
Why is it free speech that 

607
00:35:11,680 --> 00:35:14,160
people seem to get more worked 
up on rather than freedom of 

608
00:35:14,160 --> 00:35:16,800
commerce and any other product 
or service that they consume 

609
00:35:17,720 --> 00:35:19,400
Well, I. 
Agree, of course, that these 

610
00:35:19,400 --> 00:35:22,600
rights are equally important as 
a libertarian, and in either 

611
00:35:22,600 --> 00:35:26,320
case the government is forcibly 
interfering with the actions of 

612
00:35:26,320 --> 00:35:29,640
peaceful people, which I would 
say is always wrong. 

613
00:35:29,720 --> 00:35:33,120
And it may, it may be even more 
serious if you're stopping 

614
00:35:33,120 --> 00:35:37,240
somebody from earning a living 
in, in their profession or 

615
00:35:37,240 --> 00:35:40,560
whatever. 
The free speech, of course, we 

616
00:35:40,560 --> 00:35:44,040
can see how that's particularly 
important in the sense that if 

617
00:35:44,040 --> 00:35:47,360
the government shuts that down, 
it becomes much harder to defend

618
00:35:47,360 --> 00:35:50,320
all other rights if you can't 
talk about it. 

619
00:35:50,480 --> 00:35:53,280
So, you know, there's something 
kind of extra special in that 

620
00:35:53,280 --> 00:35:56,360
sense about the 1st Amendment. 
We might also say the Second 

621
00:35:56,360 --> 00:36:00,240
Amendment in that those are sort
of guarantors of your other 

622
00:36:00,240 --> 00:36:04,160
rights because they allow you to
to speak out on behalf of those 

623
00:36:04,160 --> 00:36:07,400
rights and then ultimately to 
defend your life against threats

624
00:36:07,400 --> 00:36:09,760
to your life if it becomes 
necessary. 

625
00:36:10,160 --> 00:36:13,280
So there's that. 
Now, the Supreme Court does 

626
00:36:13,280 --> 00:36:17,880
treat free speech differently, 
not only from, from economic 

627
00:36:17,880 --> 00:36:21,600
liberties, but from most other 
liberties in that, you know, 

628
00:36:21,600 --> 00:36:24,520
there's, it's one of those that 
the court has said is 

629
00:36:24,760 --> 00:36:26,960
fundamental. 
The court has said that we have 

630
00:36:26,960 --> 00:36:28,360
some rights that are 
fundamental. 

631
00:36:28,520 --> 00:36:31,440
Free speech is one. 
They've more recently said that 

632
00:36:31,440 --> 00:36:35,280
the, the right to bear, keep and
bear arms is one that's good. 

633
00:36:36,160 --> 00:36:42,000
And and because of that, if a 
law infringes on those 

634
00:36:42,000 --> 00:36:46,320
fundamental rights, the courts 
will give it more serious 

635
00:36:46,320 --> 00:36:49,360
scrutiny, like First Amendment 
violations, where they're 

636
00:36:49,360 --> 00:36:52,520
discriminating based on the 
content of speech, get what they

637
00:36:52,520 --> 00:36:56,960
call strict scrutiny, where the 
government is supposed to show a

638
00:36:56,960 --> 00:37:00,680
compelling interest, which is 
like the highest interest, There

639
00:37:00,680 --> 00:37:03,640
aren't very many of them. 
And that the law is narrowly 

640
00:37:03,640 --> 00:37:06,840
tailored to serve that interest 
so that the government couldn't 

641
00:37:06,840 --> 00:37:09,600
do what it couldn't serve its 
compelling interest in any other

642
00:37:09,600 --> 00:37:12,640
way that wouldn't infringe on 
the right as much. 

643
00:37:12,880 --> 00:37:15,720
Now, even that is is kind of 
loose from our standards as 

644
00:37:15,720 --> 00:37:18,280
libertarians because, I mean, 
the first image just says 

645
00:37:18,280 --> 00:37:20,720
Congress will make no law. 
There's no well, did you have a 

646
00:37:20,720 --> 00:37:22,840
compelling interest? 
And was it like, you know, 

647
00:37:22,840 --> 00:37:25,480
right. 
It does seem, it seems like it 

648
00:37:25,480 --> 00:37:27,480
is and should be a blanket 
prohibition. 

649
00:37:27,800 --> 00:37:30,840
But the best we can do so far is
strict scrutiny. 

650
00:37:30,840 --> 00:37:32,680
And they give that to 
fundamental rights. 

651
00:37:33,120 --> 00:37:36,440
But then when it comes to other 
rights, including the right to 

652
00:37:36,440 --> 00:37:41,200
economic liberty, they might 
recognize that the they would 

653
00:37:41,200 --> 00:37:45,280
say maybe that the 14th 
Amendment incorporates implies a

654
00:37:45,280 --> 00:37:48,680
right to freedom of contract or 
economic liberty. 

655
00:37:48,960 --> 00:37:54,680
But they say that the laws that 
infringe on those rights only 

656
00:37:54,680 --> 00:37:58,840
get rational basis review where 
all the government has to do is 

657
00:37:58,840 --> 00:38:02,320
show that it had some rational 
reason for restricting the 

658
00:38:02,320 --> 00:38:05,120
right. 
And courts will say it's OK. 

659
00:38:05,360 --> 00:38:08,480
And in doing that, they don't 
have to prove that even that 

660
00:38:08,480 --> 00:38:11,160
with their law serves the 
interests they say it serves. 

661
00:38:11,360 --> 00:38:13,480
It just has to have like some 
kind of like they're basically, 

662
00:38:13,480 --> 00:38:16,400
it just has to be like a logical
structure to their argument and 

663
00:38:16,400 --> 00:38:18,720
that and that's about it. 
And courts will rubber stamp 

664
00:38:18,720 --> 00:38:20,320
that. 
And of course, that's totally 

665
00:38:20,320 --> 00:38:22,720
outrageous. 
All of these rights are 

666
00:38:22,720 --> 00:38:25,320
fundamental. 
You know, the the founders 

667
00:38:25,960 --> 00:38:29,040
talked about life, liberty and 
property or life, liberty and 

668
00:38:29,040 --> 00:38:31,480
the pursuit of happiness. 
And that encompasses all of this

669
00:38:31,480 --> 00:38:33,320
stuff. 
And of course, you know, 

670
00:38:33,320 --> 00:38:35,800
regardless of what the founder 
said, we as libertarians think 

671
00:38:35,800 --> 00:38:40,600
that just as your right as a 
human being and and none of 

672
00:38:40,600 --> 00:38:42,080
these things should be infringed
upon. 

673
00:38:42,800 --> 00:38:45,920
But we find ourselves in a 
situation where the 1st 

674
00:38:45,920 --> 00:38:49,920
Amendment gets rights get better
protection than most other 

675
00:38:49,920 --> 00:38:52,720
rights. 
And that means that people who 

676
00:38:52,720 --> 00:38:56,400
want to protect rights look for 
ways to frame things in terms of

677
00:38:56,600 --> 00:38:59,480
free speech violations, even if 
there's other ways they violate 

678
00:38:59,480 --> 00:39:01,760
rights. 
You if you focus on the speech, 

679
00:39:01,880 --> 00:39:04,280
you might get the course to take
you seriously in a way that they

680
00:39:04,320 --> 00:39:09,200
wouldn't otherwise. 
Are you going to have arguments 

681
00:39:09,200 --> 00:39:13,720
structured in such a way that 
specifically appeal to the more 

682
00:39:13,720 --> 00:39:16,880
conservative mindset of seeing 
the world as a battle between 

683
00:39:16,880 --> 00:39:20,440
civilization and barbarism when 
it comes to someone like Justice

684
00:39:20,440 --> 00:39:25,200
Thomas or, gosh, not, Scalia, 
Gorsuch, Kavanaugh and Coney 

685
00:39:25,200 --> 00:39:27,680
Barrett? 
Is there anything specific 

686
00:39:27,680 --> 00:39:28,720
you're going to be saying to 
that? 

687
00:39:28,720 --> 00:39:32,400
Or are you just looking at the 
Constitution hoping that that 

688
00:39:32,400 --> 00:39:34,680
is, that they'll uphold their 
end of the bargain, that that's 

689
00:39:34,680 --> 00:39:37,320
what they're going by, or you're
going to try to appeal to them 

690
00:39:37,320 --> 00:39:40,440
on more of a personal level? 
Well, I don't know about. 

691
00:39:40,440 --> 00:39:43,360
Civilization versus barbarism. 
But of course, when you're 

692
00:39:43,360 --> 00:39:47,640
arguing to any judges justices, 
you want to think about what 

693
00:39:47,640 --> 00:39:50,800
they've said in the past and 
frame your arguments in a way 

694
00:39:50,800 --> 00:39:54,440
that is consonant with that as 
opposed to fighting against it. 

695
00:39:55,320 --> 00:39:59,360
You know, Thomas and Gorsuch, I 
think they've been, they've been

696
00:39:59,360 --> 00:40:01,640
pretty consistently excellent on
the 1st Amendment. 

697
00:40:01,640 --> 00:40:08,440
And they do take threats to to 
speech, including, you know, 

698
00:40:08,560 --> 00:40:11,640
laws that would manipulate 
political speech to favor one 

699
00:40:11,640 --> 00:40:13,680
side or the other. 
I think they take that very 

700
00:40:13,680 --> 00:40:16,920
seriously. 
Justice Alito has been very good

701
00:40:16,920 --> 00:40:20,280
on free speech. 
The others, you don't have their

702
00:40:20,880 --> 00:40:24,800
pros and cons from my 
perspective, but yeah, I mean 

703
00:40:24,960 --> 00:40:28,680
you you kind of do have to 
ultimately hope that they value 

704
00:40:28,680 --> 00:40:33,200
free speech enough and that the 
invocation of national security 

705
00:40:33,200 --> 00:40:36,720
is not going to shake that them 
from that. 

706
00:40:37,160 --> 00:40:42,720
But really all the law, you 
know, regardless of of of who 

707
00:40:42,720 --> 00:40:46,440
said it in the past, maybe the 
from conservative judges, 

708
00:40:46,440 --> 00:40:51,200
liberal judges, really across 
the board, all the case law up 

709
00:40:51,200 --> 00:40:54,720
till now is on our side, you 
know, for the reasons I said. 

710
00:40:54,720 --> 00:40:56,920
You can't discriminate based on 
content. 

711
00:40:56,920 --> 00:40:59,560
You can't stop communist 
propaganda. 

712
00:41:00,280 --> 00:41:03,640
You can't do, you can't just 
invoke national security unless 

713
00:41:03,640 --> 00:41:06,440
it's like imminent. 
They, they would really have to 

714
00:41:06,440 --> 00:41:11,800
depart from everything the court
has said through the years on 

715
00:41:11,800 --> 00:41:15,680
the 1st Amendment to rule in 
favor of the government here. 

716
00:41:15,920 --> 00:41:19,960
And I'd like to think that none 
of the justices are prepared to 

717
00:41:19,960 --> 00:41:25,080
make that kind of departure. 
When it comes to lessons we can 

718
00:41:25,080 --> 00:41:28,920
learn, whether it's from these 
laws themselves or how the 

719
00:41:28,920 --> 00:41:32,080
Supreme Court's interacted with 
the ones that come to mind are 

720
00:41:32,080 --> 00:41:37,680
the Sedition Acts 1798, making 
it a crime to publicly speak out

721
00:41:37,680 --> 00:41:42,360
against the state, the espionage
or Trading with the Enemies Act 

722
00:41:42,360 --> 00:41:45,640
of 1917. 
When it comes to lessons of 

723
00:41:45,640 --> 00:41:48,720
American history when it comes 
to regulating speech, what do 

724
00:41:48,720 --> 00:41:50,600
you think are the major 
takeaways people should 

725
00:41:50,800 --> 00:41:52,600
appreciate and what we could 
learn from? 

726
00:41:53,480 --> 00:41:54,400
Well, you know you're. 
Right. 

727
00:41:54,680 --> 00:41:57,200
I say it's a departure. 
Of course, we have had terrible 

728
00:41:58,280 --> 00:42:02,080
violations of free speech by the
federal government, particularly

729
00:42:02,080 --> 00:42:04,360
in wartime. 
And we have the Alien Sedition 

730
00:42:04,360 --> 00:42:07,600
Act, terrible suppression of 
speech during World War One and 

731
00:42:07,600 --> 00:42:09,560
also some extent during World 
War 2. 

732
00:42:10,320 --> 00:42:15,720
And fortunately, protection for 
speech has really only gotten 

733
00:42:15,920 --> 00:42:19,840
better and better since then as 
they've brought in like all 

734
00:42:19,840 --> 00:42:24,480
categories of expression. 
They've, you know, they, they 

735
00:42:24,480 --> 00:42:28,320
have subjected restrictions 
based on their content to the 

736
00:42:28,320 --> 00:42:31,840
highest scrutiny and made that 
clear with, with some, you know,

737
00:42:32,440 --> 00:42:35,160
unfortunate deviations here and 
there, the things that we would 

738
00:42:35,160 --> 00:42:38,520
like them to correct. 
But the, the general trend has 

739
00:42:38,520 --> 00:42:42,080
been in favor of greater 
protection of speech. 

740
00:42:42,320 --> 00:42:45,880
And that's a good thing. 
We all benefit from that. 

741
00:42:46,160 --> 00:42:54,200
And of course, you know it 
recently when we've had on 

742
00:42:54,200 --> 00:42:59,160
social media X bucking the trend
of controlling information in a 

743
00:42:59,160 --> 00:43:02,240
way that the government likes. 
I think a lot of people 

744
00:43:02,240 --> 00:43:05,920
appreciate now that we're 
getting ideas and possibly 

745
00:43:05,920 --> 00:43:09,080
seeing political outcomes that 
we wouldn't have seen but for 

746
00:43:09,080 --> 00:43:12,000
that. 
And, and we see that the threat 

747
00:43:12,000 --> 00:43:15,160
is greater than ever in that, 
that in the way this 

748
00:43:15,160 --> 00:43:18,680
administration is acted where it
just it wants to shut it down on

749
00:43:18,680 --> 00:43:21,320
COVID. 
It wants to shut it down on, you

750
00:43:21,320 --> 00:43:24,360
know, before that, before this 
administration shutting down, 

751
00:43:25,600 --> 00:43:29,280
you know, the Hunter Biden 
laptop story and all kinds of 

752
00:43:29,280 --> 00:43:32,320
stuff like that. 
They, they want to do it. 

753
00:43:32,320 --> 00:43:34,760
They will do it if they can get 
away with it at all. 

754
00:43:35,040 --> 00:43:39,440
And so that's why whatever you 
think of TikTok and the 

755
00:43:39,440 --> 00:43:42,160
communist government, you know, 
I can understand how that makes 

756
00:43:42,160 --> 00:43:46,200
some people uneasy because it's 
totally fair to hate the 

757
00:43:46,200 --> 00:43:49,160
communist Chinese government at 
least as much as you hate the US

758
00:43:49,160 --> 00:43:52,000
government if you're a person 
who cares about liberty because 

759
00:43:52,000 --> 00:43:55,880
it is really terrible. 
But they but people shouldn't 

760
00:43:55,880 --> 00:43:59,280
let that blind them to the 
reality that this is a 

761
00:43:59,520 --> 00:44:03,040
censorship tool of the US 
government and that it will not 

762
00:44:03,040 --> 00:44:08,440
end with TikTok. 
If if this law stands because of

763
00:44:08,440 --> 00:44:11,560
the power it gives the president
to ban other platforms in the 

764
00:44:11,560 --> 00:44:14,280
future. 
You know, I'm sure we're pretty 

765
00:44:14,280 --> 00:44:18,800
confident that if Kamala Harris 
had won this election, we would 

766
00:44:18,800 --> 00:44:23,840
be soon seeing efforts to shut 
down X based on this law that 

767
00:44:23,840 --> 00:44:26,880
says if you're directed or 
controlled by a foreign 

768
00:44:26,880 --> 00:44:28,920
adversary, the president can 
shut you down. 

769
00:44:29,120 --> 00:44:31,920
Because after this law was 
passed, we saw stories in the 

770
00:44:31,920 --> 00:44:35,960
media trying to tie Elon Musk to
Vladimir Putin as though he's 

771
00:44:35,960 --> 00:44:40,160
taking cues from Putin somehow. 
And that may be ridiculous. 

772
00:44:40,360 --> 00:44:42,200
But of course, that doesn't stop
them. 

773
00:44:42,200 --> 00:44:44,280
They'll they'll get their 
narrative out there and they'll 

774
00:44:44,280 --> 00:44:46,800
act based on that narrative. 
And I think that's what we would

775
00:44:46,800 --> 00:44:50,120
be seeing imminently if Harris 
had been elected. 

776
00:44:50,360 --> 00:44:53,240
But we shouldn't be complacent 
just because Trump was elected, 

777
00:44:53,240 --> 00:44:56,040
because you can't. 
You can't. 

778
00:44:56,120 --> 00:44:59,680
Although he said relatively good
things about these, you can't 

779
00:44:59,680 --> 00:45:02,400
count on anybody. 
And in the long run, there may 

780
00:45:02,400 --> 00:45:05,600
be, there will. 
If this law is on the books, 

781
00:45:05,600 --> 00:45:07,800
there will be people who want to
use it, and they will use it. 

782
00:45:09,320 --> 00:45:11,160
Yeah, really. 
Come to think of it, I guess it 

783
00:45:11,160 --> 00:45:14,040
is a threat to national 
security, not, of course, you 

784
00:45:14,040 --> 00:45:16,480
know, having something people 
can voluntarily download. 

785
00:45:16,480 --> 00:45:19,840
The threat to national security 
is one group forcibly stopping 

786
00:45:19,840 --> 00:45:22,600
millions of people from 
exchanging information. 

787
00:45:22,920 --> 00:45:24,680
It is just amazing to scroll 
through. 

788
00:45:24,680 --> 00:45:28,280
This is just the explorer thing.
Of course, I'm logged in on 

789
00:45:28,280 --> 00:45:32,520
Tiktok at this point, but it's 
not like I get CNN and MSNBC's 

790
00:45:32,520 --> 00:45:35,120
Tik Toks. 
These are millions of views that

791
00:45:35,120 --> 00:45:38,960
the average person. 
It is so empowering and so evil.

792
00:45:39,320 --> 00:45:41,240
They want to take this away from
people. 

793
00:45:41,440 --> 00:45:45,320
Even if you think you know it 
tends to be more trivial things.

794
00:45:45,640 --> 00:45:49,440
Well, I've watched regular TV. 
It's not exactly the most 

795
00:45:49,640 --> 00:45:52,040
Aristotle like information 
coming out of the Real 

796
00:45:52,040 --> 00:45:56,320
Housewives of Beverly Hills or 
whatever people are watching in 

797
00:45:56,320 --> 00:45:59,240
general. 
And one thing on your Russia 

798
00:45:59,240 --> 00:46:02,840
case, President Biden was on the
presidential debate stage when 

799
00:46:02,840 --> 00:46:07,440
he said 51 intelligence officers
have said that what he's talking

800
00:46:07,440 --> 00:46:11,040
about my son's laptop is a 
Russian plan, either said plan 

801
00:46:11,040 --> 00:46:14,320
or plant. 
This turned out to be completely

802
00:46:14,320 --> 00:46:16,280
fabricated. 
They had no evidence when all 

803
00:46:16,280 --> 00:46:20,320
those 51 liars got together. 
Hillary Clinton said 17 

804
00:46:20,320 --> 00:46:23,920
intelligence agencies, military 
and civilian, have confirmed 

805
00:46:24,080 --> 00:46:27,240
that it was Russia and the 
Kremlin who hacked my emails. 

806
00:46:27,800 --> 00:46:30,240
That was a complete lie. 
The New York Times, I want to 

807
00:46:30,240 --> 00:46:34,200
say redacted, the date June 29th
of 2017 comes to mind. 

808
00:46:34,560 --> 00:46:38,760
But these stories are completely
fake and this is what I guess 

809
00:46:38,760 --> 00:46:41,680
because Russia would be called a
foreign adversary on that day, 

810
00:46:41,680 --> 00:46:44,800
at that time, they could have 
outlawed any criticism of those 

811
00:46:44,800 --> 00:46:46,560
stories. 
So we'd be living in complete 

812
00:46:46,760 --> 00:46:50,160
fake Alice in Wonderland world 
if we just listen to the mass 

813
00:46:50,160 --> 00:46:52,360
murdering politicians all the 
time. 

814
00:46:52,840 --> 00:46:56,160
I'm so thankful for your time. 
Is there anything else people 

815
00:46:56,160 --> 00:46:58,120
need to know about this and 
where can they go For more 

816
00:46:58,120 --> 00:47:02,760
information? 
Well, I think people should know

817
00:47:02,760 --> 00:47:06,080
that this this is a real and 
serious threat and that it's 

818
00:47:06,080 --> 00:47:08,960
very important that the US 
Supreme Court strike this down 

819
00:47:08,960 --> 00:47:12,480
when it has the opportunity. 
We'll do our best to persuade 

820
00:47:12,480 --> 00:47:14,880
them to do that. 
If people want to go more, know 

821
00:47:14,880 --> 00:47:16,520
more, they can go to our 
website, 

822
00:47:16,520 --> 00:47:20,640
libertyjusticecenter.org. 
They can also check us out on 

823
00:47:20,640 --> 00:47:25,120
XLJ Center or you could check me
out on X Jacob Hubert. 

824
00:47:26,520 --> 00:47:28,720
Thanks to everyone for watching 
Keith Knight, Don't Tread on 

825
00:47:28,720 --> 00:47:30,440
Anyone and the Libertarian 
Institute. 

826
00:47:30,600 --> 00:47:32,400
Mr. Hubert, thank you so much 
for your time. 

827
00:47:32,960 --> 00:47:33,400
Thank you.
