The R Street Institute released a statement on Mar. 18 urging Congress to take action to limit the Federal Communications Commission’s (FCC) authority over broadcast speech, following recent comments by FCC Chairman Brendan Carr. The institute said Carr had warned broadcasters about running ‘hoaxes and news distortions,’ suggesting that such actions could affect their license renewals.
This issue is significant because it raises concerns about free speech and the use of regulatory power to influence media coverage. The R Street Institute argued that the FCC’s ‘public interest’ standard is vague and has been inconsistently applied since its introduction in the Radio Act of 1927.
According to the statement, Carr’s warning came after President Trump criticized press coverage of the war in Iran. The institute said this created an environment where broadcasters might feel pressured to avoid reporting that could be seen as unfavorable by the administration. The group also noted that the FCC’s own rules define ‘hoax’ and ‘news distortion’ narrowly, requiring proof of deliberate intent to mislead and actual public harm.
The R Street Institute pointed out previous incidents where the FCC allegedly pressured broadcasters, including suspending a late-night comedy program and reinterpreting rules affecting talk shows. It also referenced similar actions by other agencies, such as a Federal Trade Commission letter to Apple regarding editorial decisions on Apple News.
The institute said these threats are rarely enforceable but can still lead to self-censorship among media companies concerned about regulatory consequences. It emphasized that television licenses do not come up for renewal until late 2028 at the earliest, making immediate enforcement unlikely but increasing pressure on broadcasters with pending business before the commission.
In conclusion, the R Street Institute called on Congress to provide clear guidance or limitations on the FCC’s authority over speech or consider eliminating the agency altogether. “It is not too late for Congress to end it by limiting FCC powers over free speech or, better yet, taking steps to eliminate the agency for good,” according to the statement.
