“The increased power of the press is so dangerous today because we
are very close to one-party control of these institutions,” said
Silberman, who was nominated to the federal bench by Ronald Reagan and
has been a senior judge on the D.C. Circuit Court since 2000.
“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,”
Silberman wrote. “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.”
He accused Silicon Valley of filtering news “in ways favorable to the
Democratic Party” and fueling censorship, citing the suppression of the
New York Post’s bombshell reporting on Hunter Biden in the final weeks
of the 2020 presidential election.
“It is well-accepted that viewpoint discrimination ‘raises the
specter that the Government may effectively drive certain ideas or
viewpoints from the marketplace,'” Silberman said. “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.”
Silberman also sounded the alarm about the “serious efforts to
muzzle” outlets like Fox News that aren’t under “Democratic Party
ideological control.”
“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,” the judge continued. “It may even give
rise to countervailing extremism.
“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.
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