Ex-FCC Leaders Seek Court Action on News Policy

RADIO ONLINE | Tuesday, April 28, 2026 | 2:22pm CT

Radio Television Digital News Association (RTDNA)

A group of former FCC officials and broadcast journalists has asked a federal appeals court to force the Federal Communications Commission to act on a pending petition to repeal its News Distortion Policy.

The coalition, which includes former FCC Chairs and Commissioners along with the Radio Television Digital News Association (RTDNA), filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia. The filing seeks to compel the FCC to respond to a November 2025 petition requesting the policy's repeal.

If granted, the writ would require the FCC to formally decide whether to uphold or eliminate the long-standing policy. Petitioners argue the agency's inaction -- combined with statements from FCC Chair Brendan Carr indicating he does not intend to repeal it -- raises concerns about potential misuse.

The group contends the policy could be used to influence or chill news coverage, particularly with midterm elections approaching. In the filing, petitioners warn that delays in addressing the issue could affect the information available to voters and pose broader First Amendment concerns.

Former FCC Chairman Mark Fowler said the policy remains a threat to press freedom as long as it is in place, while former Chairman Tom Wheeler argued the FCC's failure to act allows for potential misuse to police perceived media bias. Former Commissioner Rachelle Chong emphasized the bipartisan nature of the effort, noting the diverse political backgrounds of those calling for repeal.

RTDNA President and CEO Tara Puckey said any policy that could enable government retaliation against broadcasters represents "an existential threat to independent journalism," urging the FCC to respond.

The petitioners are represented by attorneys from Protect Democracy and TechFreedom, along with Andrew Jay Schwartzman and Gigi Sohn. Counsel for the group argue the FCC is legally obligated to address the petition and that court intervention is necessary to ensure a response.

The News Distortion Policy, dating back decades, has long been debated over concerns that government oversight of news content could infringe on press freedom.