The speech police: Chairman Brendan Carr and the FCC’s news distortion policy
Federal Communications Commission Chairman Brendan Carr is taking a hard line against broadcast TV stations accused of bias against Republicans and President Trump. To pressure broadcasters, Carr is invoking the rarely enforced news distortion policy that was developed starting in the late 1960s and says the FCC should consider revoking broadcast licenses.
The FCC has regulatory authority over broadcasters with licenses to use the public airwaves. But Carr’s two immediate predecessors—Democrat Jessica Rosenworcel and Republican Ajit Pai—both said that punishing stations based on the content of news programs would violate the First Amendment right to free speech.
Rosenworcel and Pai’s agreement continued a decades-long trend of the FCC easing itself out of the news-regulation business. Two other former FCC chairs—Republican Alfred Sikes and Democrat Tom Wheeler—have urged Carr to change course.
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The First Amendment is facing challenging times: Crackdowns on campus protests prompted both-sides claims of intolerance. Attempts to head off dangerous health misinformation have been characterized as violations of free speech. Donald Trump is publicly punishing news outlets that deviate from his administration’s version of events while privately suing some outlets into submission.
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Toxic politics and vast shifts in the technology landscape have created a plethora of thorny issues — both legal and ethical — for newsrooms, courts, and regulators.
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