Frequency Forward and the Media Action Center met with Federal Communications Commission (FCC) Commissioner Anna Gomez and members of her staff last week to brief the Commissioner on the groups' legal strategy to protect ABC viewers' First Amendment rights in Chairman Brendan Carr's unconstitutional assault on the freedom of the press.
The public interest groups explained that their Petition to Deny is designed to make the American public formal parties to the FCC proceeding, provide procedural rights otherwise unavailable to informal commenters, and to force transparency in the ongoing broadcast license fight. Both FF-MAC reiterated its strong support for Disney's challenge, arguing that viewers have a constitutionally protected right to receive news, information, and programming free from government intimidation.
The meeting on September 16 was noticed in an ex parte letter filed in the FCC Media Bureau Docket No. 26-131 and included representatives from both organizations. Commissioner Gomez was joined by Deena Shetler, Chief of Staff and Legal Advisor, and Jonathan Uriarte, Strategic Communications and Policy Advisor.
Last week, Frequency Forward, the Media Action Center, and individual ABC viewers from across the country also opposed the FCC's attempt to have Disney's lawsuit dismissed in Federal Court. The groups' filing argues that the FCC's early license-renewal process has already harmed viewers' First Amendment rights and that allowing the Commission's pretextual and retaliatory Investigation to continue could leave ABC's licenses in limbo for years.
The opposition argues that "the process is the punishment" and warns that, absent court intervention, "ABC will continue to self-censor." From the FF-MAC opposition:
If permitted to continue, the investigation and hearing will go on for years, turning the regulatory process itself into the punishment. The purpose of this proceeding is not to gather information, but to threaten punishment for Disney's temerity to criticize Trump and his policies, thereby constraining ABC and other broadcasters from any future revelations that might cast the administration in a negative light. The FCC's investigation is not just about Disney or ABC per se, nor does it have anything to do with EEO rules. The FCC's action is part of a larger attack on the First Amendment and the Constitutional rights of media outlets and the public that relies on those media outlets to keep them informed.
Even if the FCC is unable to revoke the Plaintiffs' licenses, early renewal combined with a lengthy hearing and a still lengthier FCC review process, will place Disney's licenses in limbo for many years. Thus, either Plaintiffs' licenses will be revoked, or the Trump administration will muzzle Disney for the foreseeable future. A win-win for the administration, but a terrible loss for democracy and the Constitution's guarantee of freedom of speech.
FF-MAC's opposition also catalogs twenty instances in which President Trump publicly called for broadcasters' licenses to be revoked over news coverage or programming he criticized. The filing also points to Chairman Carr's admission that the FCC is "not an independent agency," which the groups cite as further evidence that the Commission is operating under Trump's supervision.
Chairman Carr heard President Trump loud and clear. Upon becoming Chairman of the FCC, he immediately started investigating Trump's enemies. As discussed supra, one of his first acts was to reinstate the complaints against WCBS, WNBC, and WPVI. He has ordered investigations into public broadcasters PBS and NPR. Carr says he is simply trying to hold media companies accountable but, unsurprisingly, the one major broadcasting outlet he has not criticized and is not investigating is Fox News. This case is not about whether the Plaintiffs have failed to cooperate with the FCC's poorly articulated antidiscrimination investigation. Rather, it is just one battlefield in Trump's war to silence his critics.
A copy of the ex parte filed following the meeting with Commissioner Gomez is here. A copy of the Opposition to the FCC's motion to dismiss is here.
The Media Action Center
The Media Action Center is a nonprofit organization comprised of concerned individuals throughout the United States. MAC has successfully influenced policy at the Federal Communications Commission and at local TV and Radio stations for more than a decade to ensure We the People are truly served by our publicly owned airwaves. Additional information is available at mediaactioncenter.net.
Frequency Forward
Frequency Forward is a public-interest organization and consumer advocacy watchdog dedicated to promoting greater transparency and accountability at the Federal Communications Commission (FCC). Our mission is to ensure the agency serves all Americans and is not beholden to entrenched corporate power. Additional information is available at frequencyfwd.com.