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Profound Media Bias – Law Must Change!

Posted on Wednesday, March 24, 2021
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by AMAC, Robert B. Charles
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96 Comments
media

One 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
william strong
2 years 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
Danny Estridge
2 years 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
vernon kingery
2 years 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
Linda Rath
2 years 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
Ron Howard
2 years 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
Colette L Wagner
2 years 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
Michael S Bares
2 years 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.

David P Nelson
David P Nelson
2 years ago

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

Jamie Martin
Jamie Martin
2 years 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.

Lorraine Reid
Lorraine Reid
2 years ago

…..media needs to be held accountable

JOHN JEWETT
JOHN JEWETT
2 years 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.

JJ Johnson-Smith
JJ Johnson-Smith
2 years ago

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

Ralph S Mills Jr
Ralph S Mills Jr
2 years 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
Tonya Lux
2 years ago

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

Rick
Rick
2 years ago

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

Sheila
Sheila
2 years 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.

Bruce
Bruce
2 years ago

Its common sense. Do something about it or

BAE
BAE
2 years 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
gin
2 years 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,

Jeanette Fenton
Jeanette Fenton
2 years 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.

Lorey
Lorey
2 years ago

When repukeacrates grow a splne 4 jellyfish then we will c maybe

Lorey
Lorey
2 years ago

Looks like 2 replubicans voted 4 the tranny liz cheney was 1 who was the other spineless repukeacrate RUMMY THE WANNA B REPLUBICAN

d,p,
d,p,
2 years ago

“Now is the time for all good men to come to the aid of their country…….”I must have typed that little phrase a million times in typing class to hone my skills at the keyboard. This judge’s message needs to be spread as far and as wide as possible. I pray this is the first swing of the hammer against our now biased and misdirected media…….all media. To be libel opens the door to bringing down the castle of media methods, high tech controls, monopolies of our information system and the capacity to be used by government as a control and pressure advocate. Where is the full statement of this Judge?
It ought to be a MUST READ for every editor, reporter, talking head cable caster and tech CEO and worker.

gin
gin
2 years ago

AMAC is also biased. Freedom of speech is sensored. Don’t use the words J…. or G..or S….or you will see your comment awaiting approval. Evidently religion is forbidden speech.

John A. Fallon
John A. Fallon
2 years ago

Freedom of the press means it is “SAFE” if it is HONEST, IMPARTIAL, TRUTHFUL, the law should reflect the right of the people to have ALL THE FACTS so “WE THE PEOPLE” can make INFORMED choices and PROTECT OUR FREEDOM, anything else violates our RIGHT TO SELF GOVERNING and should be criminal with severe consequencises such as JAIL AND HEAVY FINES.

JohnH
JohnH
2 years ago

On Jan 6th, there was a large number in Congress that would not accept the results of election. Even tho the AG Barr claimed no wrongdoing. This was a case of calling fake news, rigged election,fraud election, etc. that started months before election was held. This happened in WWII when people were told something so many times that they believed it was true. Just this week, one of Trump’s lawyers came out with a different side on election results—-mainly cuz she is getting sued.

JohnH
JohnH
2 years ago

Be careful where we head to control our media: In the 1950’s, one Communist goal was to control the newspapers, television, etc. so they control what you hear. I am a baby boomer & I am really worried that newspapers/magazines are going out of business and that the new generations are counting on electronic news & quick news &Twitter &Facebook, etc.

JohnH
JohnH
2 years ago

Trump did not help himself by claiming “Fake News” way too much, bullying the reporters at WH briefings, and bashing newspapers & magazines. He caused many of these people to be negative to a lot of things he did. And his Tweets were always a mistake, but Trump liked chaos…….

libertatem protegat
libertatem protegat
2 years ago

Legislating an Infringement on the freedom of the Press and the 1st Amendment is not, in my mind, the best way to go about holding the Media and Politicians accountable for the polarization in both areas. Hopefully that is not what the Judge is advocating.

Take a short trip back to the 1996 Telecommunications Act, which, within it, deregulated the doctrine that prevented “Entertainment” media groups, from directly owning other types of Media outlets (aka News) oriented media etc. Under the guise that this would diversify and make the media landscape more competitive, which even then should have raised Red flags for everyone seeking fair and impartial journalism versus ‘editorial’, ‘op-ed’ or even ‘pure fiction’ news feeds available in real time.

Whether the information presented by so-called sources of news and journalism, in the media today, are slightly slanted in a political direction or wholly leaning into extreme and sometimes purely fictional story telling. The fair, impartial, ethical, objective news and truth delivery, of times past, has sadly been cast aside by the ‘News’ channels of knee jerk sound bites basted with the artistic leanings of the person(s), organization or media company spewing it.

Holding these Media companies legally accountable for information that they are presenting as fact, but turn out to be nothing but conjecture, opinion or all out fabrications, is what many News bureaus in the not so distant past, policed themselves on, and printed or announced public retractions or corrections of anything shown or fact-checked to have been miss-reported. This was an industrial sense of pride for them, across all Journalist and Reporters interested in Truth, Fact and Objective information delivery.

The consumption of News Bureaus by Entertainment Media, had given way to Entertaining news which has brought us to Full Time “Tabloid ” news, with tidbits of Journalistic reporting here and there, but with little overt differentiation between the two, and usually followed up with someone’s biased opinion or interpretation.

These Media monsters have the ability to drive massive influence over political organizations and unfortunately, likely to have influence over policy makers, aside from what they have over the general public on a 24×7 basis.

Americans not only have to speak out, but vote out, think about what they see and hear, be curious & find out, but the “pied piper” mentality of not being engaged thoughtfully in what is going on around us, will likely lead to a violent correction of our social structure, rather than a rational and reasonable change in due course.

Phil Hammersley
Phil Hammersley
2 years ago

Media should aim for the middle if they are purporting to be “news” or “journalism.” The propagandists should quit hiding behind fake “neutrality” and clearly label themselves as corrupt Marxists. Years ago there were “Democrat” newspapers and “Republican” newspapers. Readers knew what to expect–and it wasn’t neutrality.
Same deal with Twitter, Facebook, et al. Just admit where you’re coming from and take your lumps!!

David Spade
David Spade
2 years ago

Well, give me an “Amen” for this opinion by the court! The lame stream media disenfranchised themselves years ago as they started attempting to make the news rather than report the news. We continue to have sad days in our country because of their leftist leaning.

The Marxist Democrats have these media-types in the their rear pocket like a propaganda machine. Most Americans recognized this years ago, and sought out folks who brought the truth to light. That is why stations like Fox gained popularity. That is why Rush Limbaugh became so popular with over 30 million listeners. That is why this AMAC website is so well-read each day. We can’t wait until President Trump establishes his social media site so as to make the other leftist sites like Twitter irrelevant.

Burton Pauly
Burton Pauly
2 years ago

So far all main stream media has shown a propensity to be biased for the jackass party, and their ilk. The laws of ridding the media of bias must be adjusted to make the contests even. Our hope is that the pillow man, and Trump start a new social Network.

Finnistaire (the magnificent)
Finnistaire (the magnificent)
2 years ago

What’s a “a judicial conservative vice political?”

I wonder if it could be “a judicial, versus political, conservative.”

Mlars01
Mlars01
2 years ago

Prison for the offenders!

Edward
Edward
2 years ago

How about holding public figures liable for their lies and exaggerations. Should media be held to a high standard of research and truthfulness, of course, Should individual elected officials be held to the same standard, of course. Both must be held accountable for the damage they cause.

Ruth Pierce
Ruth Pierce
2 years ago

Thank you, Judge Laurence Silberman for your wise words. I feel the same way about the media; therefore I have boycotted it for the past few years. I just don’t know what to do about it except refuse to watch the Evening News “entertainers posing as newsmen”. You’re right. Americans cannot see the truth of what is going on with these phony newscasts. I wasn’t aware that PBS was “following the crowd” by news bias. I certainly don’t want to live in a one-party nation!!

Brenda Blunt
Brenda Blunt
2 years ago

Finally the media and press being held accountable and responsible for what they say and write!!

Joyce Gibson
Joyce Gibson
2 years ago

Finally a judge who sees bias and is against it. However, how are we going to change it?

Dennis
Dennis
2 years ago

The only time anything will change is when the American people stop talking get from in front of their computer and do something about it.They already have the youth of the country brainwashed.

The Rebel
The Rebel
2 years ago

SCOTUS is like the other gubmint agencies/departments. Totally worthless and riding the financial gravy train just like the US Congress. We are forced to pay taxes to support this BULL$HIT !!!!!

Davidme
Davidme
2 years ago

The Social Media, Printed Media and TV Media are all Completely Bias Against The Factual Truth Of Any Political Issue !!!! They have put in place that If A Lie or Misleading Facts Are Made Publicly Often, It Becomes The Truth !!! The American Public seems to be to busy doing what they do daily to understand what and why such misinformation is publicized !!! Our America is being driven by the New Socialistic Dictates, being Bought and Paid For From Both Foreign and Domestic Elitists To Help Tear Down The True American Values, In Favor Of Socialism !!!!!
Wake Up America, We Are In Very, Very, Serious and Dire Danger “From Within” America and Washington, DC ( District Of Monumental Corruption ) !!!!

Rick
Rick
2 years ago

Finally an honest judge, but, what good will come out of his opinion?

David B.
David B.
2 years ago

Well, the gloves are off, the curtain’s been pulled back, the lyin’ Media has been exposed, and there’s nothing any of you or I can do about it! Clutch your pearls, wring your hands, and watch as the newly, fraudulently-elected nazi-like regime continues their E.O. spewing dictatorship, while rapidly eroding our Liberties.It’s not our parent’s world anymore- the Great Reset is like a huge steamroller coming!

Chuck
Chuck
2 years ago

Judge Silberman is what a judge should be: unbiased, follower of constitutional law, rule as the facts allow. No biased pandering. That being said, is the radical left going to let him keep swinging without bumping him off?

jim
jim
2 years ago

The Ap had an article in our local news paper, that I commented back on with: “We have Pres. Obama’s uranium one scandal, his fast and ferrous, Biden and his son. Yet it took Pres. Trump to bring Biden & his son’s Ukraine ordeal to light! So if it would have been Vice Pres. Trump and son in Ukraine and it was Pres Biden checking? Would the democrats have Impeached Biden???

So tell me media’s is it “democrat damage control” or is it you “control the media” you control the people” (Stalin) 

All so I suggested putting Pres. Obama’s Fair Well Speech with “RESIST” “RESIST” next Pres Trumps Fair Well Speech (guess what the “RESIST” “RESIST” was edited out! You will have a hard time finding it!!!!

Myrna S Wade
Myrna S Wade
2 years ago

There is hope if a judge points out the danger of media favoring one point of view while silencing the opposition. I would expect more judges or preferably all judges to agree. What does it take for freedom to have a chance? Something has to change.

PaulRevereDeux
PaulRevereDeux
2 years ago

Rail all you want…nothing will change..NOTHING…watch..

Rik
Rik
2 years ago

The current Supreme Court Justices have proven to be a bunch of Clowns dressed up in black robes. Totally worthless! … They’ll NEVER do the right thing and UPHOLD THE CONSTITUTION!!! … A bunch of phonies! … Irrelevant flunkies!

BAE
BAE
2 years ago

The media are over paid talking HEADS that do not care about the America tax payer at all. They are Drama Mama’s that want to be heard, so they can continue to earn millions on TV. It is so SAD to see what they have become. I think the average citizen should be able to take legal action. Let’s sue them!!! It appears the only way to change things is to hit someone in their wallet.

Art A
Art A
2 years ago

Judge Silberman is a lone voice currently crying out in the wilderness and not unashamedly. What guts! How about this item being revisited and drag our friends at Google,Facebook,and Twitter along? What a nice package that would make! I very much doubt that there is much courage available in SCOTUS to tackle these issues. Until they are are addressed there will be a major dislocation of free and accurate expression. These print entities would have to do actual fact finding reporting.

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