NOTE: A federal circuit court judge, Laurence Silberman, dissented in a decision Friday with what Politico called a “diatribe [that] amounted to an assault on a Supreme Court decision that set the framework for modern defamation law.”
“It’s not uncommon and not out of line for judges to use their opinions to make arguments about the state of the law; dissenting judges, often speaking only for themselves, frequently take even more leeway. But the vitriol of Silberman’s anti-press rhetoric and his use of the forum as an opportunity for an extended rant about media bias unrelated to the case at hand was extraordinary.”
—Ruth Marcus, deputy editorial page editor, “Trump’s attacks on the press were bad. What this federal judge did was worse,” The Washington Post, March 21, 2021
• Editorial Comment: Has Judge Silberman read the First Amendment?
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