Following threats from former President Donald Trump, former FCC Chairman Tom Wheeler is calling for Congress to review and check the emergency executive powers given to the President that could be abused to bring broadcast media in line with a political agenda.
Wheeler’s comments, in an op-ed for The Brookings Institute, are prompted by Trump’s increasingly aggressive behavior toward media outlets of whom he considers their coverage “unfair” to him. What leads Wheeler to his stance is a section in the Communications Act of 1934 which says, “Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency.”
It continues, “The President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations or devices capable of emitting electromagnetic radiations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication.”
Wheeler commented, “The terms ‘war or a threat of war, or a state of public peril or disaster or other national emergency’ are not defined by the Communications Act. Such declarations… were, however, a go-to solution when Donald Trump was in office.”
Throughout his campaign, Trump has been ramping up his attacks on media outlets he considers “unfair” to him. After the September 10 debate hosted by ABC with VP Harris, Trump went on FOX News to suggest the FCC revoke the network’s broadcast license. FCC Chairwoman Jessica Rosenworcel has stated on the matter, “The First Amendment is a cornerstone of our democracy. The FCC does not revoke licenses for broadcast stations simply because a political candidate disagrees with or dislikes content or coverage.”
Trump has additionally filed a lawsuit against CBS News, claiming that “deceitful” editing of a recent 60 Minutes interview with Vice President Kamala Harris misled the public to his disadvantage. CBS News has labeled the claims “completely without merit.” The lawsuit seeks at least $10 billion in damages.
NAB President and CEO Curtis LeGeyt commented on the lawsuit, “A free press must report, inform, and scrutinize without fear of reprisal. Frivolous lawsuits aimed at stifling this essential role risk undermining democratic principles and ignore the First Amendment’s protection of how news is reported. NAB stands firmly with our members against any attacks on their First Amendment-protected reporting.”
Wheeler says the GOP candidate’s threats, “Appear to echo the 1972 tactics of Richard Nixon, who, displeased by coverage from the Washington Post, encouraged a third party to file a challenge at the FCC (which ultimately went nowhere),” adding, “The ability of future FCCs to stand up to such instructions could be at risk.”
In the past, Trump has openly said that he would bring independent agencies, like the FCC, under presidential authority. For radio broadcasters, Wheeler believes these statements introduce questions about the future of broadcast independence and the potential threat to FCC-granted airwave licenses.
“The institution that created these broad powers, the Congress, has an important role as overseer of the authority they have delegated to the executive. Congress constantly holds oversight hearings on the agencies of the executive branch; hearings on the unilateral powers granted to the president are warranted,” he writes. “The threshold question for such hearings should be whether there are sufficient guardrails in place to protect against their abuse, and what such protections should look like. Regardless of who wins the election—Congress should review whether the unilateral powers granted to the president in the 20th century need updating for the 21st century.”
