A group of Democratic lawmakers, spurred on by perceived “weaponization” of the FCC under Chairman Brendan Carr, have proposed legislation to prevent the Commission from revoking broadcast licenses or taking punitive actions based on a broadcaster’s viewpoints.
Led by US Senator Ben Ray Luján and Congresswomen Doris Matsui, Nanette Barragán, and Jennifer L. McClellan, the Broadcast Freedom and Independence Act also emphasizes maintaining the FCC’s independence from political influence, including any presidential mandates.
In February, President Donald Trump issued an executive order increasing presidential oversight of independent federal regulatory agencies, including the FCC. The order requires these agencies to submit major regulatory actions for review by the Office of Information and Regulatory Affairs and align policies with the White House Domestic Policy Council, National Economic Council, and the Office of Management and Budget. Each agency must also appoint a White House Liaison.
Senate and FCC Democrats decried the move, particularly following Chairman Carr’s investigations into ABC, CBS, NBC, PBS, and NPR, while excluding Fox.
When questioned about the recent actions by the FCC at the NAB State Leadership Conference, Republican FCC Commissioner Nathan Simington emphasized that the FCC, under GOP leadership, is not aiming to enforce a partisan viewpoint on local news. He clarified that the Commission’s priority is maintaining credible reporting without encroaching on editorial freedom. “We don’t have a Ministry of Truth in the US government. I’m not in the business of deciding who’s telling the truth and who’s not,” Simington stated.
The Broadcast Freedom and Independence Act would not alter the FCC’s authority to act on violations related to obscenity, lottery, fraud, or incitement under the First Amendment. The legislation has already gained support from several organizations, including the American Civil Liberties Union, Public Knowledge, Free Press Action, and the Center for Democracy & Technology.
Rep. Matsui said, “President Trump has made it clear that he intends to use every available avenue to intimidate and silence broadcast media that challenges his views. The weaponization of the FCC to launch baseless attacks on NPR and PBS shows exactly the bullying tactics Donald Trump will use to censor dissent. That’s why we are introducing this legislation that will ensure our media is protected from government attacks regardless of their point of view.”
Senator Luján added, “The FCC and the President should not hold the power to revoke broadcasting licenses and censor free speech simply because they disagree with the viewpoints that are broadcasted. Free speech and freedom of the press is a pillar of our democracy, and I am committed to defending it from politically motivated attacks.”
Rep. Barragán commented, “A free press is essential to a healthy democracy, and we cannot allow any administration to weaponize the FCC to control what Americans see and hear,” while Rep. McClellan echoed, “My Democratic colleagues and I will not sit by and allow this Administration to trample on the First Amendment.”
