Today, Public Knowledge joined 17 other public interest, trade associations, and civil liberties groups in a letter urging Federal Communications Commission Chairman Brendan Carr to defend free speech and media freedom. The groups express “deep concern” regarding recent actions taken by the agency and argue that a “free press requires regulatory bodies that defend, rather than diminish, journalistic independence.” The letter asks Chairman Carr to make several commitments to “reaffirm… [the agency’s] role as an impartial regulator that protects – not polices – media freedom.”
The following is an excerpt from the letter:
“[A]s advocates for free speech guaranteed by the First Amendment, we are alarmed by politically motivated pressure exerted on digital platforms, broadcasters, and journalists who exercise protected speech that the current administration disfavors. We are particularly worried about recent developments that threaten to erode long-established safeguards for editorial independence and free expression.
“Your letter to social media companies inquiring about their collaborations with third-party media monitors like NewsGuard appears coercive, seeking to influence how private entities treat specific speech and unjustifiably scrutinizing lawful speech. As you are undoubtedly aware, the First Amendment safeguards freedom of speech from government coercion. Pressuring social media platforms to end their partnerships with information reliability services… by threatening Section 230 liability protection is… more censorial than the practices you criticize of NewsGuard.
“Your use of the FCC’s regulatory authority to investigate broadcasting companies without substantial evidence of wrongdoing is deeply concerning and contrary to established precedent. The FCC’s reinstated news distortion investigation into ABC, CBS, and NBC affiliates, while failing to pursue similar complaints against other networks, suggests selective enforcement that could undermine a free press as well as the agency’s credibility.
“Adding to the list of troubling threats to the free press is the threat to investigate the KCBS 740 AM’s coverage of the January 26 San Jose coverage of ICE raids. Basic reporting of police presence and vehicle descriptions falls within protected speech. Your overreaching actions create a chilling effect on live media coverage of law enforcement operations.
“Additionally, your letter opening a probe into Comcast’s promotion of diversity, equity, and inclusion (DEI) not only appears politically motivated, but also runs afoul of the FCC’s own guidance. Comcast’s diversity initiatives are responsive to the FCC’s Equal Opportunity hiring rules, making your investigation contrary to longstanding Commission policies that promote diversity in the media marketplace.
“Lastly, the launch of extensive investigations into the underwriting announcement practices of PBS and NPR member stations, despite a lack of evidence of wrongdoing, along with calls to defund public broadcasting, is a targeted political move rather than genuine regulatory oversight. Americans would be better served by providing more funding, not stamping out such integral access to public media altogether.
“Taken together, these actions represent a concerning trend: the use of regulatory authority to intimidate media organizations, influence editorial decisions, and suppress speech that’s critical of the administration. The activities described above undermine the media’s vital watchdog role in our democracy.
“In a time when the administration claims to be rooting out fraud, waste, and abuse, it seems ironic for the FCC to launch superfluous, politically motivated investigations. Instead of using the FCC to target critical speech, you must reaffirm its role as an impartial regulator that protects – not polices – media freedom. We hope to continue working within the bounds of the Constitution’s First Amendment to support a robust, independent media ecosystem.”
You may view the letter for more information.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.