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Senate Bill Would Shield FCC from Political Influence


U.S. Senate
U.S. Senate

In a move to protect the independence of the Federal Communications Commission (FCC) and uphold the First Amendment, Senators Ben Ray Lujan (D-NM), Jacky Rosen (D-NV), and Edward J. Markey (D-MA) have introduced the Broadcast Freedom and Independence Act. The proposed legislation aims to prevent any revocation of broadcast licenses based on the viewpoints expressed by broadcasters.

Senator Lujan highlighted the urgency of the bill in response to previous administration actions. "The Trump administration's weaponization of the FCC and intimidation of broadcast stations for political purposes is a serious threat to the First Amendment," he stated. "The FCC and the President should not have the power to revoke broadcasting licenses and censor free speech simply because they disagree with the viewpoints that are broadcasted."

The bill stipulates that the FCC must operate as an independent agency, free from political pressures and retaliatory actions based on the content it oversees. It also explicitly prohibits the FCC from revoking any licenses or authorizations based on broadcast viewpoints or imposing conditions on transaction approvals influenced by such viewpoints.

Congresswoman Doris Matsui, one of the House representatives leading companion legislation, criticized past governmental tactics used against the media. "President Trump intends to use every available avenue to intimidate and silence broadcast media that challenges his viewpoints. The weaponization of the FCC to launch baseless attacks on NPR and PBS show exactly the bullying tactics he will use to censor dissent," Matsui remarked.

The legislation also retains the FCC's authority to address violations concerning obscenity, lottery, fraud, or incitement under the First Amendment, ensuring that the agency can still perform its regulatory duties effectively.

Supporters of the legislation, including Harold Feld of Public Knowledge, express a historical perspective on the necessity of such a bill. "When Congress created the FCC, it had witnessed firsthand how fascist governments in Europe used control of radio broadcasting to spread propaganda and suppress the free press," Feld explained. "It is a national tragedy that such a bill is even necessary."

Jenna Leventoff from the American Civil Liberties Union praised the bill for its commitment to journalistic freedom. "The First Amendment prohibits the government, including the FCC, from dictating what content the media covers and how they cover it. This freedom is essential for holding our government accountable," Leventoff stated.

The legislation has garnered support from several key advocacy groups, including the American Civil Liberties Union, Public Knowledge, and Free Press Action.

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