https://pjmedia.com/uncategorized/tyler-o-neil/2021/03/21/leftist-media-bias-is-a-threat-to-democracy-judge-warns-in-scathing-dissent-n1433938?utm_source=piano&utm_medium=onsite&utm_campaign=582
Laurence Silberman, a judge on the U.S. Court of Appeals for the D.C. Circuit, urged the Supreme Court to overturn the key defamation precedent New York Times v. Sullivan (1964), in part because the legacy media has become a threat to American Democracy. Silberman dissented from a court panel’s majority opinion in Tah and McClain v. Global Witness (2021), which ruled that Global Witness did not violate defamation law in falsely accusing Liberian officials of taking bribes from Exxon.
Silberman (a Reagan appointee) argued that the NGO Global Witness had clearly defamed the Nigerian officials by accusing them of taking bribes from Exxon when in reality the officials had only received bonuses from their employer, the National Oil Company. Silberman accused his fellow judges, Chief Judge Sri Srinivasan (an Obama appointee) and Judge David Tatel (a Clinton appointee), of “employing legal jiu-jitsu,” creating new arguments to get Global Witness off the hook for defamation.
“In the revisionist view, the National Oil Company bribed its own agents and employees to do their jobs. Tellingly, the Majority offers no motive for a bribe,” Silberman argued. “After observing my colleagues’ efforts to stretch the actual malice rule like a rubber band, I am prompted to urge the overruling of New York Times v. Sullivan.”
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Citing Supreme Court Justice Clarence Thomas, Silberman argued that New York Times “was a policy-driven decision masquerading as constitutional law. The holding has no relation to the text, history, or structure of the Constitution, and it baldly constitutionalized an area of law refined over centuries of common law adjudication.”
Silberman admitted that in 1964, the press may have needed the protection of New York Times v. Sullivan in order to cover the civil rights movement in a hostile and racially segregated South, but he argued “that power is now abused.”
“The increased power of the press is so dangerous today because we are very close to one-party control of these institutions,” Silberman warned. “Our court was once concerned about the institutional consolidation of the press leading to a ‘bland and homogenous’ marketplace of ideas. It turns out that ideological consolidation of the press (helped along by economic consolidation) is the far greater threat.”
“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. (I do not mean to defend or criticize the behavior of any particular politician). 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,” Silberman noted. He added that these papers set the “orientation” of coverage for the Associated Press and most large papers across the country.
