Judging Freedom - Biden's Ministry of Truth

Episode Date: May 2, 2022

The Disinformation Governance Board is (DHS) - Homeland Security board#BidenSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hello there, everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Monday, May 2, 2022. It's about 1 o'clock in the afternoon here on the East Coast of the United States. And this constitutional monstrosity that the Biden administration revealed late last week continues to disturb a lot of people, including a lot of you who have been writing to me asking me questions about it. The government's disinformation board, a gaggle of left-wing lunatics in the Department of Homeland Security, who will pass judgment on whether or not what words uttered in the public discourse are true or not. Fortunately for the rest of us, there's no legal authority whatsoever and was not enacted by Congress. This is just an executive order intended to allow people in the Biden administration to use the assets of government to comment on whether what the rest of us say in the public discourse, like me now and you emailing or texting me now, is truthful or not. So there's a couple of interesting observations here. One is, who the

hell cares what the government thinks is truthful? This ministry of truth, as we are derisively calling it, was not enacted by legislation, so it has no authority whatsoever. It does have a limited budget because there's discretionary funds, and this is the fault of the George W. Bush administration for building discretionary funds into the Department of Homeland Security when it created that. The Department of Homeland Security is a federal police department with 60,000 cops. Now, they don't look like cops, but they're cops. They wear khaki pants and black shirts, and they carry guns, and they show up wherever the federal government wants them. Now they're going to create this board. The board has no authority to make rules or to punish anybody, but it will embarrass

people and cajole them and chill them. All right, we all know what embarrassment is. It will call somebody out and say, hey, Elon Musk, or hey, Judge Napolitano, where I hope they do call me out, but we don't like what you said, in which case, go fly a kite, or I would use more street-like language. It will cajole people by saying, now, come on, you know that this is the way things are, and this is the way you should express that. And again, we'll tell them to go take a hike. I'm not worried about embarrassment or caj embarrassment or cajoling. I'm worried about chilling. Chilling is what occurs when the government uses its power to cause people to think twice or more than twice or to hesitate before expressing their freedom of speech. And chilling is expressly prohibited by

the First Amendment and condemned by the Supreme Court of the United States. So if this ministry of truth engages in chilling, it'll be stopped dead in its tracks by the Supreme Court. Now, a lot of you have written like, is there anything we can do about this now? Well, no, there's nothing we can do about it now. You can't have a lawsuit to challenge this until they do something. Why is that? Well, the Constitution prohibits judges from saying, well, that's constitutional, that's unconstitutional, we'll allow that, without a case or controversy before them. Wouldn't want that. You wouldn't want judges to be able to pick and choose what they like about the government and what they don't like about the government.

So the judiciary is limited, its jurisdiction is limited to cases and controversies, meaning this board would have to say something that harmed someone, and then that someone would have to sue the board and in that lawsuit challenge its constitutionality. That is really the only way that the constitutionality of this can be challenged. Of course, once Joe Biden is out of office, whether that's two years from now or two months from now, well, it's two months from now, I would imagine that Vice President Harris would keep this left-wing nonsense there. But once there is a new president in the White House, that president can undo by executive order whatever President Biden has established by executive order.

One executive order does not bind a successor president. Usually presidents don't disturb their predecessors' executive orders, but they have every right to do so. Might big tech align with this? That's a serious issue. I don't think big tech will align with it if the acquisition of Twitter by Elon Musk comes to pass. And Apple has been known to resist the government many, many times, forcing it to get search warrants before Apple will reveal the contents of its customers' files. But the rest of big tech is very happy to do the government's bidding for it. All this came about because the Supreme Court has ruled that government has the freedom of speech. How recently did it rule that? Today.

Today. Today, when the Supreme Court ruled that the city of Boston violated free speech rights of certain Christian groups who wanted to fly a flag with a cross on it over City Hall, the Supreme Court said because the city of Boston has permitted all kinds of groups to use that flagpole. They can't discriminate against the Christian group, and so they have to let them use the flagpole. In the process of saying that, the Supreme Court again recognized that government has the freedom of speech by saying this is not government speech. My friends, there is no such thing as government speech. Government does not have the freedom of speech. Freedom of speech is a natural right. Government is not a naturally existing creature like human beings are. Government is a monopoly of force on a geographic area. It does not have the freedom of speech.

The Supreme Court is dead wrong on this. But because the Supreme Court has the last say, I don't have the last say on it, the Supreme Court does, the rest of government picks up on it. And hence old Joe and the people around him came up with this idea of the ministry of truth, which will express the government's opinion. So when the government starts expressing an opinion on matters, change the channel. Tell the government to go take a hike. Who the hell cares what the government thinks? There is a reason that they put this in the Department of Homeland Security, and we don't know what that reason is.

But remember, the Department of Homeland Security, I don't want to scare you, it has its own army. It's these 60,000 cops. There's only 8,000 FBI agents in the Department of Justice. The Homeland Security has 60,000 of these guys. The Department of Homeland Security owns and controls more weapons and ammunition than any other aspect of the government outside the Department of Defense again not to scare you

but to alert you of the dangers did Joe Biden read the executive order who the hell knows does he understand what he's doing probably not but the monsters that surround him read the executive order? Who the hell knows? Does he understand what he's doing? Probably not. But the monsters that surround him are in a conspiracy to suppress free speech. We must watch this at every turn. We must monitor this for the slightest hint of interference with our

free speech. And we must, when the government tries to interfere with our speech, we must tell the government to go to hell. Judge Napolitano for judging freedom.