Opinion / Politics / Technology

Profound Media Bias – Law Must Change!

mediaOne of America’s leading legal minds – a distinguished US federal judge appointed by Ronald Reagan – just shook the foundations of American libel law, declaring media bias so profound a complete rethink of media liability is necessary. Media must be held liable.

In a scathing, let-fly dissent, Judge Laurence Silberman – graduate of Dartmouth College, Harvard Law School, former Deputy Attorney General, Ambassador, lifetime friend of Justice Clarence Thomas, early Defense Policy Board and FISA Court member, recipient of the Presidential Medal of Freedom (George W. Bush) threw down the gauntlet.

In the process, he sent shivers through three professions, law, journalism, and public service. While dissent is not law, it can presage where the law is going.  Silberman has a record for doing exactly that – especially constitutional law.

An opinion he wrote on the constitutionality of independent counsels, supported by Justice Scalia, proved prescient.  His pathbreaking 2007 opinion declared DC’s ban on registration and carrying firearms a clear violation of the 2nd Amendment.  The opinion – in a seminal case upholding gun rights – was affirmed by the US Supreme Court in DC v. Heller, 2008.  He was ahead of the curve in upholding the Patriot Act and overturning Oliver North’s conviction. While Republican, he is a judicial conservative vice political, defending parts of Affordable Care.

All this is a prelude.  The point is his opinions are farseeing, ritually tight, often right, have sharp edges for which he does not apologize, as a thoughtful reading of the law stands.  Now, he has weighed in on media bias – the runaway tendency to a one-party rule created by partisan media.

The most surprising part of this epic dissent is it pulls no punches.  If his dissent seeds wider discussion and reverses the prevailing law in time, the nation will be in his debt.  Here it is.  The case involved a 2018 public report accusing foreign officials of criminal activity, leading them to sue for defamation, libel when written, slander when spoken.  They claimed they were libeled.

Although they did not prevail, Silberman’s dissent is a trumpet blast.  He suggested the Supreme Court revisit a case every law student for 55 years has studied, imagined was unchangeable.  In

New York Times v. Sullivan, the Court ruled public officials – including someone like President Trump – must prove “actual malice, that reporters knew facts were false or recklessly disregarded truth.  Sounds easy, but in practice, that has been nearly impossible.

Silberman said, time to ditch the rule – open the door to holding media accountable for libeling innocent persons, including public officials.  This is a shockwave, but the wave is made taller, impact greater, by the words he used to say the media’s “free pass” should be revoked.

He wrote:  “New considerations have arisen over the last 50 years that make the New York Times decision … a threat to American Democracy. It must go.”  Continuing: “The increased power of the press is so dangerous today because we are very close to one-party control of these institutions.”

No mincing words: “Although the bias against the Republican Party—not just controversial individuals—is rather shocking today, this is not new; it is a long-term, secular trend going back at least to the ’70s.”

He named names.  “Two of the three most influential papers (at least historically), The New York Times and The Washington Post, are virtually Democratic Party broadsheets. And the news section of The Wall Street Journal leans in the same direction. The orientation of these three papers is followed by The Associated Press and most large papers across the country (such as the Los Angeles Times, Miami Herald, and Boston Globe). Nearly all television—network and cable—is a Democratic Party trumpet. Even the government-supported National Public Radio follows along.”

Wow!  Now that bell clanging.  He then went after social media, saying they are filtering news “in ways favorable to the Democratic Party,” acting as censors and suppressing material information – in effect, essential for public decision making, including prior to the 2020 election.

“It is well-accepted that viewpoint discrimination ‘raises the specter that the Government may effectively drive certain ideas or viewpoints from the marketplace, but ideological homogeneity in the media—or in the channels of information distribution—risks repressing certain ideas from the public consciousness just as surely as if access were restricted by the government.”

Here is exactly what much of America sees, fears, and wants fixed.  We have watched the specter develop, grow into a tangled web of “viewpoint” suppression.  Here is a federal judge who is saying enough, calling it unacceptable if our Republic is to survive.

Silberman was not yet done. Warms the heart to read his writing.  “It should be borne in mind that the first step taken by any potential authoritarian or dictatorial regime is to gain control of communications, particularly the delivery of news. It is fair to conclude, therefore, that one-party control of the press and media is a threat to a viable democracy” and “may even give rise to countervailing extremism.”  Exactly right.

In closing:  “The First Amendment guarantees a free press to foster a vibrant trade in ideas. But a biased press can distort the marketplace. And when the media has proven its willingness—if not eagerness—to so distort, it is a profound mistake to stand by unjustified legal rules that serve only to enhance the press’ power.” See, e.g., https://www.foxnews.com/media/federal-judge-laurence-silberman; https://nypost.com/2021/03/19/federal-judge-laurence-silberman-slams-media-accusing-it-of-left-wing-bias/.

Boom tick!  Here is a judge who gets it, says it, makes clear that media defamation of innocents is impermissible.  The days of permission to suppress, defame without consequence, may be numbered.  Remember, this voice is heard, even sought, and seriously considered by the US Supreme Court.  Laws change slowly, but sometimes a good shake can bring fruit.  Ps – Who clerked for Judge Silberman years ago – one Justice Amy Coney Barrett.

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william strong
2 months ago

God Bless you & may freedom triumph! I’m calling for a complete boycott of major League Baseball, live games, broadcasts,suveniers, & anything else you can think of.Let’s put these people in their place- they boycott Georgia we boycott them. So woke this, jerks!

Danny Estridge
2 months ago

I just cut the BS and went to the chase. GUESS WHO BIDEN FIRED? Only a matter of time, soon as bidens handlers see this the dude is fired.Anything to choke out all the Amendments and restructure it to meet their needs, NOT THE US CITIZENS NEEDS

vernon kingery
2 months ago

After reading this courageous right on spot brilliant statement, my spirits were lifted. I have gained back some HOPE for justice. I also realized why their are so many channels on tv. To cloud the minds of {We the people} with garbage, lies, smut, violence etc. I now have list of the left side tv shows and will be blocking them out. Should leave with 10 decent channels to watch and get my mind uncluttered. I,m sorry to tell you but it,s wake up not woke up.

Linda Rath
2 months ago

TY for another well-written and informative article. I had not heard this yet- and so very happy to see another strong, respected judge making a “righteous” judgement! Yes, the media is blatantly liberal/left-wing/communists, as are ALL the major media platforms: social, television and radio. While there are still a few ‘good’ radio stations, they are few and far between. Even some “Christian” venues are no longer to be trusted. I believe we will see a major “reset” soon- not only here in the USA, but worldwide. Just watch…

Ron Howard
2 months ago

I first read the information about Judge Silberman’s findings in my email subscription to Epoch Times a couple of days ago. What he found, and reported about media bias has been well known by most conservatives for a long time now. That someone at his level, notoriety, and influence is publicly speaking out about it is a welcoming sound which will hopefully give the movement for freedom and liberty a big boost forward.

Colette L Wagner
2 months ago

This is why their ratings are so low. Only the brainwashed or sheep listen to them. The intelligent have gone elsewhere for the truth. All of them must be held responsible for their lies. They think we are stupid. Let’s prove them wrong.

Michael S Bares
2 months ago

Will I live to see the day ? FOX , from 7pm through 10pm / Central time, OAN, and Newsmax , are the only reliable news outlets. Talk radio also, if your lucky to find a station in your state. The people who listen to the opposite, as I said before, think nothing is wrong with the country, and think Biden is working hard for the American people. The press is making people racists, with their white privilege b.s. Not reporting what’s still happening in Portland,Seattle,LA,Chicago. What’s happening at our Southern boarder. The list goes on. Our own government lied about Russia collusion! Do you remember Shiff, H.Clinton, Commey, Steel? When will these people be held responsible? Hunter Biden? It’s sickening that these people are above the law! Who’s involved with Epstein? Good luck Silberman. You’re going to need it.

Ron Howard
2 months ago

Well said. I get almost all of my news these days from AMAC and EPOCH TIMES, I no longer even watch FOX news. Epoch Times publishes email news multiple times daily, including videos, some of which have been sponsored by AMAC. A trial subscription to Epoch Times is only$1.

David P Nelson
2 months ago

Oh my gosh! Good article. The News Media must be accountable for their actions. PERIOD.

Jamie Martin
2 months ago

How can America stop this insanity? Sex trafficking and drug running are now in plain sight, and yet we do nothing. Our borders are being flooded, and who will pay for all of this? First and second Constitutional rights are disappearing and still we do nothing. You sheeple sit and watch that fake news media and you believe every word they tell you. Now you are running to get the shot. Wake up American people, most have no clue or even care. Almighty God is in control and he must be put back into position of being first in our lives.

Oliver W. Homey
2 months ago
Reply to  Jamie Martin

Drug running is rampant because jurisdiction after jurisdiction have decided to legalize it in one form or another. Not only legalize it, many cities now pass out needles to help these people, who use the needle then just throw it in the street. A Russian leader said long ago the USA will implode and collapse from within, they would never. have to fire a shot. Profound.

Lorraine Reid
2 months ago

…..media needs to be held accountable

JOHN JEWETT
2 months ago

What has saddened me is this very point and the thought that the Democrats had completely pulled the wool over everyone’s eyes and we would be screwed for two years until we could retake both houses and stop Biden’s insanity. I still think that we were lied to about voter fraud and the house is passing legislation now to royally screw up voting laws. But if the man in the street only sees what the “fake news” tells them then most of the sheep won’t look farther into what is really going on laws need to be changed to protect our republic.

Ron Howard
2 months ago
Reply to  JOHN JEWETT

Our founding fathers provided the means for us to change laws in Article V of the Constitution, Convention of States. These men, who bravely fought to be free from a tyrannical government, had the wisdom, experience and foresight to put into place a constitution to cover all aspects of what might happen when power in the government could become overbearing and overreaching. Convention of States, or Article V, lays out the procedure to follow to correct the situation we now find ourselves in. If 34 states petition congress to call a Convention of States congress must do so. Delegates are elected to participate in the Convention and must agree on the resolutions to be presented. If 38 states ratify the resolutions they become law. If you check the Convention of States Action website you will receive free information, a free handbook and guide, and a copy of the petition for Convention of States.

JJ Johnson-Smith
2 months ago

NOTHING is more dangerous to freedom than manipulation of the Truth.

Ron Howard
2 months ago

You might also include “censorship”.

Ralph S Mills Jr
2 months ago

I wonder if Will Rogers could find a few men he didn’t like nowadays? I’m sure he wouldn’t know much if all he knew was what he learned from the lame-stream media.
Spiro Agnew would drown in a plethora of nattering nabobs of negativity!
Cronkite, Huntley, and Brinkley must all be rolling over in their graves.
Kudos to Judge Silberman!

Tonya Lux
2 months ago

Thank God for more and more people standing up with a backbone. Thank you Judge Laurence Silberman.

Rick
2 months ago

I hate to say President Trump made a mistake, butthis judge should have been nominated for SCOTUS instead of Barrett or Kavanaugh!

Sheila
2 months ago

Amy Coney Barrett? The one that proclaimed her “great love” for the Constitution and her strong faith and yet when the chips were down, when America really needed her to have the cases of vote fraud heard before SCOTUS (which could have saved U.S. from what is heading our way) she was useless. As useless as Sotomayor, as useless as Kagen, as useless as Roberts. She took the job and didn’t even want to do it. She and Kavenaugh as such disappointments.

Judge Silberman sounds wise and wonderful. Amy’s name is on it’s way to slide into the trash bin of history. How much impact does anyone think she will have after the court is packed? None. She voted to end her own job along with great risk to our Constitutional Republic and our country itself.

Kathy
2 months ago
Reply to  Sheila

Thanks, Sheila. I was worried about ACB from the start primarily because of her young children. She is compromised and is scared. Her courage to stand up and expose voter fraud was seconded to her fear for her family. Bad choice.

Bruce
2 months ago

Its common sense. Do something about it or

BAE
2 months ago

Thank God for this judge. It’s about time the Media should be held accountable. I don’t understand why they are not liable. They destroy lives and don’t care; it’s so unfair……………….

gin
2 months ago

This was a comment I placed the other day. It never left the evaluation spot. If you are on God’s side, you are for law. If not, you are aligned with Satan. So much is predicted in the Holy Bible about the end times, that anyone who studies it can see that time is drawing very close. If you haven’t already done so, ask Christ Jesus to save you from your sin. God loves everyone, but will only save the ones who want His son’s death on the cross to cover their sins. It is so simple and yet so profound. There is nothing you can do even if you gave everything you owned to charity, to save yourself. Only Christ can save you, and if you don’t want to live into the tribulation, you need to ask Him now.
Matthew 13:41 The Son of Man will send his angels, and they will gather out of his kingdom all causes of sin and all law-breakers,

Ron Howard
2 months ago
Reply to  gin

Hello Gin,
If your previous comment was “Held for evaluation” it had no chance of being published. I discovered that any comment written that has a link in it to a website is marked “Held for review”, but is never published. I contacted AMAC about this censorship and was informed that comments with links are not published, period. I object to this practice by AMAC as it is doing what they openly speak out against, Censoring Free Speech. I can only assume that this policy exists because AMAC is afraid that a member, or reader, might refer you to something they may not agree with, and since it is easier to just block the comment than to research it for approval, it is blocked entirely. I would like to see this policy changed, but unless more members become aware of it and complain about it, it won’t change. I am a strong supporter of nearly all AMAC does and stands for, they publish links in their articles all of the time to sites they approve of, but I am strongly against this hypocritical censoring.

gin
2 months ago
Reply to  Ron Howard

Hope you see this. Thanks for the advice.

Jeanette Fenton
2 months ago

Very happy to hear this is happening. You can no longer go to media for valid information. All twists and lies it seems, and extreme bias. So proud of him taking a stand.

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