Democratic lawmakers introduce legislation to reaffirm independence of FCC

Legislation introduced by Congresswoman Jennifer McClellan of Virginia in early March would reaffirm the importance of the independence of the Federal Communications Commission (FCC).

The Broadcast Freedom and Independence Act would prohibit the FCC from revoking broadcast licenses or taking action against broadcasters based on the viewpoints they broadcast and reaffirm that President Donald Trump should not mandate the FCC’s agenda.

McClellan, a Ranking Member of the House Energy and Commerce Subcommittee on Communications and Technology, Congresswomen Doris Matsui of California and Nanette Barragán of California and U.S. Sen. Ben Ray Luján of New Mexico introduced the legislation.

“The Trump Administration and Republicans cannot claim to support free speech and a free press while weaponizing the FCC to bully and intimidate dissenting voices in the press — that is a clear act of censorship. My Democratic colleagues and I will not sit by and allow this Administration to trample on the First Amendment,” McClellan said.

The Broadcast Freedom and Independence Act would:

• Explicitly state that the FCC is an independent agency and that they must not use their authority to execute politically motivated attacks against licensees.
• Prohibit the FCC from taking action (including revoking any license or authorization) against any person based on the viewpoints disseminated.
• Prohibit the FCC from placing conditions based on viewpoint disseminated on any transaction approval.

“A free and independent press is essential to upholding the First Amendment and ensuring Americans have access to information. 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 show 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,” Matsui said.

The bill has no effect on the FCC’s authority to take action on violations explicitly outlined in other sections of the Communications Act, including with regard to obscenity, lottery, fraud or incitement under the First Amendment.

The American Civil Liberties Union, Public Knowledge and Free Press Action support the legislation.

“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. The ability of broadcasters to operate without fear of political retribution is fundamental to the First Amendment. This legislation reaffirms the FCC’s independence and protects against the dangerous precedent of using federal agencies to silence dissent. I’m proud to join my colleagues in defending the First Amendment and ensuring that our airwaves remain a place for diverse voices and perspectives,” Barragán said.

According to Lujan, the Trump Administration’s weaponization of the FCC and intimidation of broadcast stations for political purposes is a serious threat to the First Amendment.

“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. That is why I’m proud to lead this legislation to make it clear that the FCC operates independent of any political agenda. Free speech and freedom of the press is a pillar of our democracy, and I am committed to defending it from politically motivated attacks,” Lujan said.