‘The flak only gets heavy when you’re over the target.” This oft-cited World War II fighter-pilot wisdom is the best way to understand the strident reaction to Judge Laurence Silberman, the formidable senior jurist on the D.C. Circuit Court of Appeals, as a result of the dissent he filed in a recent libel case.
In the course of controversially urging the Supreme Court to reconsider the foundation of its modern libel jurisprudence, New York Times v. Sullivan (1964), Judge Silberman had the audacity to notice that the mainstream media function as an adjunct of the Democratic Party. When this development is combined with the activist progressivism of Silicon Valley techies who control social-media platforms, the result, he concluded, is “one-party control of the press and media.” This “threat to a viable democracy” is apt to lead “to countervailing extremism” — hard to argue with that these days.
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