A broad swath of commenters from all over the political spectrum condemned the FCC’s news distortion proceeding as unconstitutional in comments filed by Monday’s deadline, while the complainant, the Center for American Rights, insisted the proceeding against CBS is justified. The FCC should use the Skydance/Paramount deal to “address the deeper disease” of “relentless bias” by CBS, CAR said.
Eight conservative groups want the FCC to dismiss its news distortion complaint against CBS to prevent setting precedent that could be used against conservative media, said a letter posted Thursday in docket 25-73. The letter -- from Americans for Tax Reform, the Center for Individual Freedom, Digital Liberty and others -- also called for the FCC to eliminate the news distortion and news hoax rules. “All of these rules and procedures open the door for politicians to play politics with broadcasting.”
The full FCC should overturn the Media Bureau’s dismissal of the Media and Democracy Project’s petition to deny against Fox’s WTXF Philadelphia, MAD said in a response filing in docket 25-11 Monday. Fox argued earlier this month that the FCC should affirm the Media Bureau order, which came under previous FCC Chairwoman Jessica Rosenworcel. Current Chairman Brendan Carr reinstated petitions against NBC, ABC, and CBS that Rosenworcel had dismissed but didn't resurrect MAD's Fox petition. MAD conceded in a news release Monday that “it's unlikely" Carr "will move quickly to review MAD's appeal.” Fox said MAD “has sought to treat Fox 29 Philadelphia as collateral in its efforts to punish Fox 29 Philadelphia’s corporate parent for speech disfavored by MAD that never even aired on the broadcast station.” The bureau order dismissing MAD’s petition “properly applied the Communications Act and FCC precedent,” Fox added. It continued that MAD hasn’t identified Fox conduct that is relevant to the FCC character standards.
FCC Chairman Brendan Carr said Thursday his actions against broadcast networks are based on precedents set by former FCC Chairwoman Jessica Rosenworcel, and his views on free speech and the role of the FCC have been consistent throughout his time there.
The full FCC should reverse the Media Bureau’s dismissal of the Media and Democracy Project’s (MAD) petition against Fox’s WTXF Philadelphia, MAD said in an application for review Tuesday. The petition's dismissal under former FCC Chairwoman Jessica Rosenworcel (see 2501160081) was “politically manipulated” and intended to add “a patina of impartiality” to the contemporaneous dismissal of complaints against ABC, NBC and CBS, MAD said. Those complaints, from the Center for American Rights (CAR), weren’t based on court findings and “did not rise to the level” of the WTXF petition, MAD said. “In rescinding the three CAR decisions, while leaving the MAD decision to stand, [FCC Chairman Brendan] Carr doubled down on Rosenworcel’s biased, politically motivated adjudications,” the group said (see 2501220059). “It is not the duty of the FCC chair, whether a Republican or a Democrat, to play politics with legal proceedings,” and both parties' chairs "failed [in] their statutory duty.” The Media Bureau was incorrect not to consider the factual record and court findings from the litigation against Fox by Dominion Voting Systems over Fox’s 2020 election coverage, MAD said. It also disputed that its case against WTXF violates the First Amendment. “The question before the Commission is not whether Fox had a right to dissemble, rather it is about the consequences of those lies and the impact on Fox’s character qualifications to remain a Commission licensee.”
House Judiciary Committee ranking member Jamie Raskin of Maryland, other panel Democrats and Free Press co-CEO Craig Aaron used a Wednesday hearing aimed at reviewing instances of claimed Biden administration censorship to lambaste Republican FCC Chairman Brendan Carr for ordering a string of investigations against U.S. broadcasters. The probes, launched since Carr took office Jan. 20, thus far focus on broadcasters that have aired content critical of President Donald Trump or otherwise face claims of pro-Democratic Party bias, though Carr has, in some cases, framed the scrutiny as focused on other matters (see 2502110063). House Judiciary Democrats also sharply criticized X owner Elon Musk for actions on the social media platform that they view as censorship of anti-Trump content.
CBS’ editing of an interview with former Vice President Kamala Harris last November “looks like editorial judgment, not an instance of splicing footage to create a misleading response that never happened,” and the FCC probe into CBS isn’t justified by the previous administration’s action against Fox, the Wall Street Journal editorial board said in a column Sunday. News Corp. owns the WSJ and Fox. In a recent interview, FCC Chairman Brendan Carr pointed to the previous FCC’s proceeding on WTXF Philadelphia as setting the precedent for the agency’s current news distortion investigation against CBS (see 2502060059).
The FCC’s investigation of CBS and demand for interview transcripts (see 2502050063) aren’t unprecedented because of the previous administration’s treatment of Fox’s WTXF Philadelphia, FCC Chairman Brendan Carr said Thursday in an interview with Fox and Friends. “When the government's been weaponized in your favor, it feels like discrimination when all of a sudden there's even-handed treatment,” Carr said, calling critics of the CBS investigation “the radical left.” Under former Chairwoman Jessica Rosenworcel, the FCC opened a proceeding on WTXF’s license renewal in response to a petition from the Media and Democracy Project. MAD’s petition argued that a court finding that Fox had aired false news about the 2020 election was sufficient basis for the FCC to hold a hearing on its license. The open proceeding held up WTXF’s license renewal for a year and a half, but the FCC didn’t hold a hearing, act against WTXF or act on repeated requests from MAD to include documents and court filings from defamation cases against Fox in the record. Rosenworcel rejected the MAD petition as one of her last acts as chairwoman (see 2501160081). Though Carr’s FCC resurrected the news distortion complaint against CBS and other complaints against ABC and NBC, he let the dismissal of the petition against WTXF stand (see 2501220059). “A lot of people that have been on a sort of upper road of a two-tiered system of government, and what I'm here to do is apply the law evenly,” Carr said. Former Fox and Disney lobbyist Preston Padden, who supported the MAD petition, clapped back. “Carr’s comment is pure BS,” he told us. “I believe he is pursuing the CBS complaint for one reason -- Trump wants him to.” Fox didn't comment.
The FCC Media Bureau and Enforcement Bureau have set aside decisions made last week under the previous FCC chair to dismiss complaints against stations owned by ABC, CBS and NBC, according to orders filed in docket 25-11 Wednesday.
The FCC’s bureau-level rejections of four content-based legal challenges against network-owned TV stations Thursday could complicate future agency moves against broadcasters over their reporting but won’t prevent it, attorneys and free speech advocates told us. When he becomes chair next week, Commissioner Brendan Carr could quickly reverse the Media Bureau and Enforcement Bureau decisions rejecting challenges against ABC-, Fox-, NBC- and CBS- owned stations. However, doing so could require the agency to defend upending decades of precedent, broadcaster and public interest attorneys told us. The decisions “draw a bright line at a moment when clarity about government interference with the free press is needed more than ever,” said Chairwoman Jessica Rosenworcel in a release Thursday. “The FCC should not be the President’s speech police.”