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News & Current Events Discuss A Circuit Court judge takes on the Supreme Court at the General Forum; DC Circuit Senior Judge Laurence Silberman--in a withering dissent--slammed the 1964 SCOTUS decision in New York Times v. Sullivan , ...

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Old 03-21-2021, 07:12 PM
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Default A Circuit Court judge takes on the Supreme Court

DC Circuit Senior Judge Laurence Silberman--in a withering dissent--slammed the 1964 SCOTUS decision in New York Times v. Sullivan, which required "actual malice" to be proven, in order for an organization to collect for libel. "Justice [Clarence] Thomas has already persuasively demonstrated that New York Times was a policy-driven decision masquerading as constitutional law," he wrote.

He further wrote, "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."

With just a few exceptions--e.g. Fox News, the New York Post, and the editorial page of the Wall Street Journal--the American media, he declared, are thoroughgoing liberal: "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."

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Old 03-21-2021, 10:18 PM
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Default Re: A Circuit Court judge takes on the Supreme Court

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Originally Posted by pjohns View Post
DC Circuit Senior Judge Laurence Silberman--in a withering dissent--slammed the 1964 SCOTUS decision in New York Times v. Sullivan, which required "actual malice" to be proven, in order for an organization to collect for libel. "Justice [Clarence] Thomas has already persuasively demonstrated that New York Times was a policy-driven decision masquerading as constitutional law," he wrote.

He further wrote, "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."

With just a few exceptions--e.g. Fox News, the New York Post, and the editorial page of the Wall Street Journal--the American media, he declared, are thoroughgoing liberal: "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."

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Are you against the right to criticize public officials?
be careful now...
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Old 03-22-2021, 12:09 PM
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Default Re: A Circuit Court judge takes on the Supreme Court

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Are you against the right to criticize public officials?
be careful now...
There is criticism, and then there is defamation. Criticizing their actions and words are legitimate. Deliberately lieing about them is another thing entirely. The provable malice standard is stupid.
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Old 03-22-2021, 01:52 PM
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Default Re: A Circuit Court judge takes on the Supreme Court

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Are you against the right to criticize public officials?
That is a foolish question, considering the context.

Judge Silberman's point was twofold: (1) the requirement of "actual malice" is absurd; and (2) most major news outlets in contemporary America lean to the left.

Would you care to comment on either of these two points?
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Old 03-23-2021, 07:44 AM
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Default Re: A Circuit Court judge takes on the Supreme Court

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Originally Posted by pjohns View Post
That is a foolish question, considering the context.

Judge Silberman's point was twofold: (1) the requirement of "actual malice" is absurd; and (2) most major news outlets in contemporary America lean to the left.

Would you care to comment on either of these two points?
I doubt she would. Derailing threads to talk about what she wants to talk about is her modus operandi.
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