The Constitution shouldn’t be rewritten for every new communications technology. The Supreme Court reaffirmed this long-standing principle during its most recent term in applying the 1st Amendment to social media. The late Justice Antonin Scalia articulated it persuasively in 2011, noting that “whatever the challenges of applying the Constitution to ever-advancing technology, the basic principles of freedom of speech and the press … do not vary.”

These principles should be front of mind for congressional Republicans and David Sacks, Trump’s recently chosen artificial intelligence czar, as they make policy on that emerging technology. The 1st Amendment standards that apply to older communications technologies must also apply to artificial intelligence, particularly as it stands to play an increasingly significant role in human expression and learning.

But revolutionary technological change breeds uncertainty and fear. And where there is uncertainty and fear, unconstitutional regulation inevitably follows. According to the National Conference of State Legislatures, lawmakers in at least 45 states have introduced bills to regulate AI this year, and 31 states adopted laws or resolutions on the technology. Congress is also considering AI legislation.

Many of these proposals respond to concerns that AI will supercharge the spread of misinformation. While the worry is understandable, misinformation is not subject to any categorical exemption from 1st Amendment protections. And with good reason: As Supreme Court Justice Robert Jackson observed in 1945, the Constitution’s framers “did not trust any government to separate the true from the false for us,” and therefore “every person must be his own watchman for truth.”

California nevertheless enacted a law in September targeting “deceptive,” digitally modified content about political candidates. The law was motivated partly by an AI-altered video parodying Vice President Kamala Harris’ candidacy that went viral earlier in the summer.

Two weeks after the law went into effect, a judge blocked it, writing that the “principles safeguarding the people’s right to criticize government … apply even in the new technological age” and that penalties for such criticism “have no place in our system of governance.”

Ultimately, we don’t need new laws regulating most uses of AI; existing laws will do just fine. Defamation, fraud, false light and forgery laws already address the potential of deceptive expression to cause real harm. And they apply regardless of whether the deception is enabled by a radio broadcast or artificial intelligence technology. The Constitution should protect novel communications technology not just so we can share AI-enhanced political memes. We should also be able to freely harness AI in pursuit of another core 1st Amendment concern: knowledge production.

When we think of free expression guarantees, we often think of the right to speak. But the 1st Amendment goes beyond that. As the Supreme Court held in 1969, “The Constitution protects the right to receive information and ideas.”

Information is the foundation of progress. The more we have, the more we can propose and test hypotheses and produce knowledge.

The internet, like the printing press, was a knowledge-accelerating innovation. But Congress almost hobbled development of the internet in the 1990s because of concerns that it would enable minors to access “indecent” content. Fortunately, the Supreme Court stood in its way by striking down much of the Communications Decency Act.

Indeed, the Supreme Court’s application of the 1st Amendment to that new technology was so complete that it left Electronic Frontier Foundation attorney Mike Godwin wondering “whether I ought to retire from civil liberties work, my job being mostly done.” Godwin would go on to serve as general counsel for the Wikimedia Foundation, the nonprofit behind Wikipedia — which, he wrote, “couldn’t exist without the work that cyberlibertarians had done in the 1990s to guarantee freedom of expression and broader access to the internet.”

Today humanity is developing a technology with even more knowledge-generating potential than the internet. No longer is knowledge production limited by the number of humans available to propose and test hypotheses. We can now enlist machines to augment our efforts.

We are already starting to see the results: A researcher at the Massachusetts Institute of Technology recently reported that AI enabled a lab studying new materials to discover 44% more compounds. Dario Amodei, the chief executive of the AI company Anthropic, predicts that “AI-enabled biology and medicine will allow us to compress the progress that human biologists would have achieved over the next 50-100 years into 5-10 years.”

This promise can be realized only if America continues to view the tools of knowledge production as legally inseparable from the knowledge itself. Yes, the printing press led to a surge of “misinformation.” But it also enabled the Enlightenment.

The 1st Amendment is America’s great facilitator: Because of it, the government can no more regulate the printing press than it can the words printed on a page. We must extend that standard to artificial intelligence, the arena where the next great fight for free speech will be fought.

Nico Perrino is the executive vice president of the Foundation for Individual Rights and Expression and the host of “So to Speak: The Free Speech Podcast.”

President-elect Trump says he should be the one to make the decision on whether TikTok can continue operating in the United States due to the unique national security and First Amendment issues raised by this case, he said in an amicus brief Friday.

Trump’s argument comes in an amicus brief “supporting neither party,” filed Friday, weeks before the Supreme Court is expected to hear oral arguments on Jan. 10, 2025 on the law that requires a divestment of TikTok from foreign adversary control.

TIKTOK DIVESTMENT COULD BE ‘DEAL OF THE CENTURY’ FOR TRUMP, HOUSE CHINA COMMITTEE CHAIR SAYS

TikTok is owned by ByteDance, a company based in Beijing and connected to the Chinese Communist Party. 

“Today, President Donald J. Trump has filed an amicus brief in the U.S. Supreme Court asking the Court to extend the deadline that would cause TikTok’s imminent shutdown, and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as President of the United States on January 20, 2025,” Trump spokesman and incoming White House Communications Director Steven Cheung told Fox News Digital.

“President Donald J. Trump (“President Trump”) is the 45th and soon to be the 47th President of the United States of America,” the brief states. “On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other vital executive functions.”

Trump argues that “this case presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other.” “As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means.

President Trump also has a unique interest in the First Amendment issues raised in this case,” the brief states. “Through his historic victory on November 5, 2024, President Trump received a powerful electoral mandate from American voters to protect the free-speech rights of all Americans—including the 170 million Americans who use TikTok.”

“President Trump is uniquely situated to vindicate these interests, because ‘the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation,’” the brief continues.

WILL TRUMP WHITE HOUSE RESCUE TIKTOK FROM LOOMING BAN? PRESIDENT-ELECT HAS DONE A 180 ON THE APP

Trump argues that due to his “overarching responsibility for the United States’ national security and foreign policy— President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office.”

“On September 4, 2024, President Trump posted on Truth Social, ‘FOR ALL THOSE THAT WANT TO SAVE TIK TOK IN AMERICA, VOTE TRUMP!’” the brief states.

Trump argues that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government—concerns which President Trump himself has acknowledged.”

“Indeed, President Trump’s first Term was highlighted by a series of policy triumphs achieved through historic deals, and he has a great prospect of success in this latest national security and foreign policy endeavor,” the brief states.

Trump notes that the 270-day deadline imposed by the new TikTok law “expires on January 19, 2025—one day before President Trump will assume office as the 47th President of the United States.”

The TikTok Inc. building is seen in Culver City, Calif., on March 17, 2023.  (AP Photo/Damian Dovarganes, File)

That legislation, which was signed into law in the spring, requires a sale of TikTok from ByteDance by Jan. 19. If ByteDance does not divest by the deadline, Google and Apple are no longer able to feature TikTok in their app stores in the U.S.

“This unfortunate timing interferes with President Trump’s ability to manage the United States’ foreign policy and to pursue a resolution to both protect national security and save a social-media platform that provides a popular vehicle for 170 million Americans to exercise their core First Amendment rights,” the brief states. “The Act imposes the timing constraint, moreover, without specifying any compelling government interest in that particular deadline.”

Trump points to the law, which “contemplates a 90-day extension to the deadline under certain specified circumstances.”

JOURNALISTS, COMMENTATORS RESPOND AS TRUMP JOINS TIKTOK, RAPIDLY GAINS 10X MORE FOLLOWERS THAN BIDEN

Supreme Court Justices said they will hold a special session on Jan. 10 to hear oral arguments in the case — an expedited timeline that will allow them to consider the case just nine days before the Jan. 19 ban is slated to take effect. The law allows the president to extend the deadline by up to 90 days if ByteDance is in the process of divesting.

“President Trump, therefore, has a compelling interest as the incoming embodiment of the Executive Branch in seeing the statutory deadline stayed to allow his incoming Administration the opportunity to seek a negotiated resolution of these questions,” the brief states. “If successful, such a resolution would obviate the need for this Court to decide the historically challenging First Amendment question presented here on the current, highly expedited basis.”

TikTok and ByteDance filed an emergency application to the high court earlier this month asking justices to temporarily block the law from being enforced while it appealed a decision from the U.S. Court of Appeals for the District of Columbia Circuit.

A view of the U.S. Supreme Court Building.  (Anna Moneymaker/Getty Images)

Lawyers for TikTok have argued that the law passed earlier this year is a First Amendment violation, noting in their Supreme Court request that “Congress’s unprecedented attempt to single out applicants and bar them from operating one of the most significant speech platforms in this nation” and “presents grave constitutional problems that this court likely will not allow to stand.”

TikTok, last year, created its “Project Texas” initiative, which is dedicated to addressing concerns about U.S. national security.

TikTok CEO Shou Zi Chew says “Project Texas” creates a stand-alone version of the TikTok platform for the U.S. isolated on servers in Oracle’s U.S. cloud environment. It was developed by CFIUS and cost the company approximately $1.5 billion to implement.

Chew has argued that TikTok is not beholden to any one country, though executives in the past have admitted that Chinese officials had access to Americans’ data even when U.S.-based TikTok officials did not. TikTok claims that the new initiative keeps U.S. user data safe, and told Fox News Digital that data is managed “by Americans, in America.”

Trump has signaled support for TikTok. Earlier this month, he met with Chew at Mar-a-Lago, telling reporters during a press conference ahead of the meeting that his incoming administration will “take a look at TikTok” and the looming U.S. ban.

“I have a warm spot in my heart for TikTok,” Trump told reporters.

WASHINGTON —  After dealing devastating blows to militant groups Hamas and Hezbollah, Israel is now directing its military prowess at another key force backed by Iran: the Houthi rebels in Yemen.

On Friday, Israel said it had attacked Yemen’s international airport in the capital of Sanaa as well as several power plants and seaports, all under Houthi control. That followed Houthi firing of rockets into Israel, one hitting a school. And later Friday, the Houthis said they had targeted Israel’s airport, although that missile was apparently intercepted.

At least nine people were reported killed in Yemen and 16 were injured in Israel in attacks and counterattacks over the last week or so as the two sides ramped up their long-simmering conflict.

The Israeli attack on Yemen’s airport on Thursday took place as the director general of the World Health Organization, Tedros Adhanom Ghebreyesus, waited to board a flight. He was not injured but United Nations officials said aid supplies destined for besieged Yemenis would be interrupted. Israel said the airport was being used by Iran to smuggle weapons to the Houthis.

Israel sought and will receive a rare hearing at the U.N. Security Council on Monday to discuss the Houthi conflict, Israel’s ambassador to the world body, Danny Danon, told The Times. Normally other countries call for sessions to criticize Israel, but Israel was able to take advantage of the U.S. position as the rotating chair of the Security Council.

Danon said he would ask the council to formally condemn the Houthis but remained skeptical of any meaningful action, especially given the veto power held by China and Russia.

“We intend to point out to Iran and the Houthis what happened to Hamas,” Danon said in a telephone interview from New York, site of U.N. headquarters. “It seems that the Houthis have not yet understood what happens to those who try to harm the State of Israel. … We are not playing around.”

The battle in Yemen has often taken a back seat to other explosive, roiling conflicts in the Middle East. For more than a decade, the Yemeni government, backed by Saudi Arabia, the U.S. and other Western powers, has fought Houthi rebels backed by Iran. More than a quarter of a million people have died in attacks and because of food shortages and other humanitarian crises.

The Houthis are one piece of the so-called axis of resistance, a constellation of Iran proxies arrayed around Israel and dedicated to its destruction as well as their own nationalist causes.

Houthi supporters attend an anti-Israel rally in Sanaa, Yemen, on Friday.

(Osamah Abdulrahman / Associated Press)

Over the last 14 months, Israel has pounded Hamas in the Gaza Strip, killing tens of thousands of fighters and civilian Palestinians. The war began when Hamas attacked southern Israel on Oct. 7, 2023, killing about 1,200 people and taking about 250 hostage.

This fall, Israel destroyed much of the leadership and infrastructure of Hezbollah, a militant and political faction in Lebanon that had increased rocket attacks into Israel that it says are in support of Hamas.

Israel has also exchanged missile barrages with the main backer of Hamas and Hezbollah, Iran. Airstrikes reportedly crippled much of Iran’s defensive capabilities.

Separately, Israel’s other Iran-backed nemesis, the government of Syrian President Bashar Assad, collapsed this month under pressure from an assortment of rebel groups, the strongest backed by Turkey.

“The Middle East has changed,” Danon said.

What remained were the Houthis. Also claiming they were acting in support of Hamas in the Gaza war, they launched a series of missile attacks on ships traversing the Red Sea as part of a major commerce chain.

The Biden administration also launched airstrikes on the Houthis earlier this year in response to the attacks on sea vessels and has tried to assemble a collection of countries to protect shipping lanes from the Houthis.

“We’ve tried to raise the consciousness of countries, not only in the region but well beyond, of the damage that the Houthi actions are having to international commerce in real and meaningful ways,” Secretary of State Antony J. Blinken said at the Council on Foreign Relations this month.

Smoke rises from the area around the airport after an airstrike, as seen from Sanaa, Yemen, on Thursday.

(Osamah Abdulrahman / Associated Press)

”The rise of the Houthis … has gotten them to a place where they have assets that have built up, that they have not been shy about using,” Blinken said. “My concern … is that even when we get to the point where the conflict in Gaza is over, [the Houthis] may well continue, because they put themselves on the world stage.”

Israeli Prime Minister Benjamin Netanyahu, speaking to an Israeli television news channel this week, made clear that the Houthis in Yemen are the next front line.

“We will strike them to the bitter end, until they learn,” Netanyahu said. “Hamas learned, Hezbollah learned, and Syria learned. The Houthis will learn, too.”