Podcast Summary: The Charlie Kirk Show — "Clarence Thomas Takes on the Big Tech 'Triangle of Tyranny'"
Host: Charlie Kirk
Date: April 7, 2021
Episode Overview
In this episode, Charlie Kirk delves into Justice Clarence Thomas's recent public statement criticizing the unchecked power of Big Tech companies like Facebook, Google, and Twitter. Kirk explores Thomas's originalist perspective, the legal and philosophical implications of his argument, and what this could mean for the regulation of Silicon Valley's tech giants. The episode addresses the tension between natural rights, free speech, and digital platforms, arguing that the tech oligarchy threatens American liberties—and that now is the time for legal and citizen action.
Key Discussion Points & Insights
The Supreme Court & Big Tech Tyranny
- Kirk opens by highlighting Justice Thomas’s rebuke against tech companies, framing it as a historic turning point (04:25).
- Cites Thomas: “One person controls Facebook and just two control Google. Three people, in other words, have the power to disappear any of us from the digital public square. Even a commander in chief.”
- Emphasizes the danger of relegating free speech to “simple paper rights”—theoretical but unenforceable.
The Natural Rights Doctrine
- Kirk provides context for Thomas’s philosophy:
- “He’s an originalist, he’s a textualist. He believes in the natural rights doctrine. He believes that in God-granted rights.” (06:50)
- Explains the distinction between negative rights (“the government can’t take away who you are naturally”) and positive rights (which, according to Kirk, progressive academics favor).
- Discusses the social contract and the consent of the governed as founding American principles, positioning Thomas in this tradition.
Tech Companies Compared to Public Utilities
- Kirk relays Thomas’s analogy:
- “If you drive from Gary, Indiana to Chicago, … Chicago Skyway is a private highway. … It is against the law for the owners of that private partnership to say, you are not allowed to ride or drive on our highway based on your ideological views. … Tech companies are information highways.” (07:57)
- Argues that since digital platforms act as conduits for information—much like traditional utilities or common carriers—they should not have the unchecked ability to exclude users based on viewpoint.
The Legal Community’s Take
- Details the broad influence of Thomas’s opinions:
- “Other judges and lawyers that want to become judges … take what Clarence Thomas says very seriously.” (09:25)
- Frames Thomas as both legal scholar and trailblazer, shaping jurisprudence for younger judges and legal scholars.
Barriers to Entry and the Parler Example
- Kirk, citing Thomas and the New York Post, points to the Parler de-platforming to demonstrate how large tech companies effectively bar new competitors (18:25).
- Warns of the threat posed by such concentrated power to free speech and competition.
Case Law and Platform Power
- Discusses cases involving President Trump being blocked by Twitter and the implications for public forums and the First Amendment (21:30):
- “The disparity between Twitter’s control and Mr. Trump’s control is stark, to say the least.”
- Thomas’s legal point: While Trump could only block certain users, Twitter could remove Trump—and all engagement with him—entirely.
The Common Carrier Doctrine
- Thomas suggests digital platforms should be considered “common carriers” under law, which have special regulations to prevent exclusive control and arbitrary exclusion (26:55).
- “Historically ... certain businesses, known as common carriers, [are] subject to special regulations.”
Market Power and Monopoly
- Kirk echoes Thomas’s focus on monopoly:
- “Google brought in $182.5 billion total ... larger than the GDP of several Eastern European countries.” (31:40)
- Highlights the network effects that entrench companies like Facebook and Google, making alternatives practically impossible.
The Constitutional Argument
- Kirk emphasizes the moral and constitutional argument against tech oligarchy:
- “If you believe in the greatest political document ever written, the United States Constitution, with the first couple words, we the people, … you better get on the program right now to challenge and break these up.” (40:10)
- Warns of a “soft totalitarianism” where private companies become gatekeepers for all public discourse.
Notable Quotes & Memorable Moments
On Big Tech’s Concentrated Power:
“Three people, in other words, have the power to disappear any of us from the digital public square. Even a commander in chief. The Supreme Court, Justice Clarence Thomas argues, must rein in this unaccountable tyranny.”
—Charlie Kirk, quoting Clarence Thomas (05:13)
On the Purpose of Tech Platforms:
“They are information highways. Since they are information highways, we must understand that the purpose of these tech companies should be to have the most amount of access and speech.”
—Charlie Kirk (07:58)
On Rights and Government:
“No person should be dominated by another without their consent. … We tell the government what they can and cannot do. They take orders from us.”
—Charlie Kirk (12:05)
On Platform Control and Legal Analogy:
“A traditional telephone company laid physical wires to create a network connecting people. Digital platforms lay information infrastructure that can be controlled in much the same way.”
—Charlie Kirk, summarizing Thomas (29:10)
On Monopoly and Alternatives:
“Google search, at least 90% of the market share … these network effects entrench these companies … these companies have no comparable competitors.”
—Charlie Kirk (33:12)
On the Moral Claim Against Private Oligarchy:
“Who checks Google? Where’s the consent of the governed when it comes with a small group of people that control all of the speech for all of us? How is that constitutional ...?”
—Charlie Kirk (47:38)
Important Timestamps
- 04:25 — Introduction to Clarence Thomas’s argument against Big Tech
- 07:57 — Comparing tech companies to public utilities/information highways
- 12:05 — Explaining the natural rights doctrine and its decline in academia
- 18:25 — Parler’s deplatforming as proof of barriers to entry
- 21:30 — Legal discussion of Trump’s Twitter account and its broader implications
- 26:55 — The common carrier doctrine and its applicability to digital platforms
- 29:10 — Infrastructure analogy: telephone wires vs. digital platforms
- 31:40 — Highlighting Big Tech's market power with Google and Facebook revenue stats
- 33:12 — The effect of network effects and monopoly on alternative platforms
- 40:10 — The constitutional argument regarding the consent of the governed
- 47:38 — Questioning who holds private power accountable in the digital age
Conclusion & Call to Action
- Kirk closes by warning, “If we do not challenge these tech companies properly through every means that we have at our disposal, there will be no speech as we know it in our country.”
- Encourages listeners to support alternative platforms (like Rumble), to take legal action, and to follow Justice Thomas’s lead in demanding accountability from Big Tech.
For further engagement:
- Kirk invites questions at freedom@charliekirk.com
- Directs supporters to charliekirk.com/support
Tone & Style:
The episode carries Kirk’s usual polemical, passionate, and philosophically conservative tone: unflinching, occasionally combative, and rich in references to the Constitution and natural law tradition. The discussion is both a legal analysis and rallying cry for grassroots activism against Big Tech’s dominance.