CDT Urges the FCC to Abandon its Unconstitutional Jawboning of CBS and Recommit to its Obligations Under the First Amendment
Today, CDT filed comments with the Federal Communications Commission (FCC) regarding the recently reinstated complaint alleging that CBS violated its public interest obligations by committing “news distortion.” The complaint, which alleges that CBS’ common editing practices materially misled its viewers regarding an interview with then-Presidential Candidate Kamala Harris, was previously appropriately dismissed in recognition that the complaint sought to “weaponize the licensing authority of the FCC in a way that is fundamentally at odds with the First Amendment.”
CDT’s comments note that common editing techniques by broadcasters are protected by the First Amendment, do not constitute news distortion, and that the reinstatement of the complaint is part of a troubling trend of the FCC weaponizing its regulatory authority to jawbone and intimidate its licensees. The comments make clear that, while broadcasters are obligated by statute to serve the public interest, the proceeding exceeds the FCC’s public interest authority and infringes on CBS’s First Amendment rights, ultimately harming viewers who entrust broadcasters to make editorial decisions about the news they consume. The comments highlight that the CBS proceeding is one of several recent FCC actions that appear to be intended to coerce its licensees into providing favorable coverage to the current administration or to punish those with viewpoints that differ from FCC leadership. This type of pressure campaign is contrary to the First Amendment and threatens the free expression rights of all people.
Alongside its comments, CDT also joined Public Knowledge and other civil society organizations committed to free speech and press freedoms on a letter to FCC Chairman Carr expressing concerns regarding the pattern of recent FCC actions that that threaten to erode long-established safeguards for editorial independence and free expression, including discrediting online fact-checking, encouraging baseless investigations, punishing media for their commitment to diversity, equity, and inclusion, and undermining press freedoms.
Read the full comments.
