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Former FCC Leaders Say Carr Misused News Distortion Policy


Federal Communications Commission
Federal Communications Commission

A bipartisan group of seven former Federal Communications Commission members has called on the agency to repeal its decades-old News Distortion policy, arguing that current FCC Chairman Brendan Carr has improperly used it to counter broadcasters critical of former President Donald Trump.

According to The Washington Post, the group of former commissioners contends that Carr's actions represent an unprecedented effort to use the FCC's regulatory powers to influence news coverage. The rarely invoked policy allows the agency to take action against broadcasters who deliberately falsify the news - but critics say it has long been considered unenforceable under the First Amendment.

In response to the controversy, FCC Commissioner Anna M. Gomez issued a strong rebuke of the policy's use in this context, stressing that the agency has no constitutional authority to police editorial decisions.

"The FCC does not have the authority, the ability, or the constitutional right to go after broadcasters for their news content," Gomez said. "The Communications Act forbids the Commission from censoring broadcasters, and the First Amendment protects journalistic choices from government intimidation."

Gomez added that the agency's recent actions have "deployed a vague and ineffective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms," warning that such interference undermines press freedom.

"The First Amendment is a pillar of our democracy," she said. "As federal regulators, we must respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC."

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