The First Amendment is enshrined in granite outside Constitution Hall in Philadelphia. (Photo: Robin klein)
President Trump’s Federal Communications Commission Chair, Brendon Carr, has threatened to revoke the licenses of over-the-air broadcasters because of their coverage of the Iranian war.
This is how authoritarians attempt to mold what their repressed citizens learn about their activities. It’s how they control the news and keep people in the dark.
Carr posted on “X” that broadcasters will lose their licenses, meaning they will not be renewed, if they do not “operate in the public interest.” He claimed that the broadcast media was “running hoaxes and news distortions.”
Trump FCC Chair Brendan Carr has repeatedly unlawfully threatened news outlets over their coverage. (Photo: FCC)
On Friday, The Wall Street Journal (WSJ) reported that five U.S. refueling tanker planes were hit by Iranian missiles at an Air Force base in Saudi Arabia. Trump described the reports ‘’as fake news.” This threat followed soon after.
Interesting that this attempt to control the news regarding damage, raises even more questions about what sort of damage is really occurring to our interests, property and lives as a result of this war.
What else is the administration covering up?
Trump’s reply to the WSJ’s headline was classic. He called the news report “intentionally misleading,” accusing The Wall Street Journal and The New York Times and other “lowlife papers“ of distortion. He does have a way with words.
Almost all of the outrage over Carr’s threat to not renew licenses came from Democrats, but Republican Sen. Ron Johnson of Wisconsin jumped in with both feet.
“I am a big supporter of the First Amendment, I don’t like the heavy hand of government no matter who is wielding it. “
All other Republicans were silent. Either they agree with this administration‘s attempt to control the news or they’re scared to death of repercussions should they do their job.
More Reading: Mitch McConnell Schools Donald Trump on Flag Burning, First Amendment
Carr snarled back at the Democrats and Johnson, with, “no one has a First Amendment right to a license to monopolize a radio frequency; to deny a station license because the ‘public interest’ requires it is not a denial of free speech.”
Sounds great, but he took this quote from a Supreme Court case out of context.
Yet again, it’s that damn First Amendment that’s getting in the way of the information this administration would like American citizens to receive.
Trump and his minions would be happy to bury the First Amendment until it happens to serve their purpose. However, the First Amendment imposes limits on the FCC’s power to restrict or ban speech.
More Reading: Robert De Niro Snub Stains Broadcast Group, Exposes Right-Wing Dominance of Local Airways
The federal Communications Act provides the FCC shall not restrict the right of free speech by means of over the air broadcast communications.
Donald Trump has demeaned news reporters and even threatened them with death for their coverage. (Photo: Getty)
Yes, over the air broadcast stations are licensed to serve the public interest, but the FCC has long held that the public interest is served by permitting free expression of views.
The free speech clause of the First Amendment applies to financial and other regulatory burdens on speech, such as the one that this commissioner is threatening… non-renewal of license.
Restrictions on speech because of content violate the First Amendment, unless, for example, the speech is obscenity. For example, an attempt by the government to prevent criticism of its war in Iran will fail. It would not even be a close call in the courts.
The FCC can investigate “broadcast news distortion“ based on viewers’ complaints. But according to its own policies, the FCC‘s ability to rule against broadcaster is narrow, and ‘’the incident must involve a significant event…“
However, a broadcaster‘s First Amendment rights include its selection and presentation of the news. At a time when one person has introduced us into a war that has no popularity, there is nothing more important than the ability to receive from numerous sources, accurate depictions of what is occurring.
More Reading: Are Fox News Talking Heads Russian Agents? New CIA Report Points to Kremlin Media Connection
This is the second time that Carr has flapped his gums and attempted to kill free speech by asserting a right to regulate a broadcaster based on what he calls distortion. In the first, he went after Jimmy Kimmel over content.
To succeed in an action to prevent a broadcaster from renewing its license, Carr’s FCC would need to prove that the broadcaster is “rigging or slanting the news.”
Carr’s quote came from Red Lion Broadcasting Co. v. FCC, a 1969 Supreme Court decision. That case held the public interest is served, and that stations were licensed in the public interest, by a balanced discussion of issues.
It does not deal with punishment due to viewpoint content, such as reporting on a war, as long as the reporting is not intentionally distorted.
More Reading: Trump and Fox News Keep Media Spinning in Vicious Cycle of Manipulation
I do not believe Carr understands Red Lion, but taking out of context as he did, he sounds like he knows what he’s talking about which he does not.
There is a tremendous amount at stake for the networks and for the public. The networks, if they challenge Carr, can place their licenses at some risk.
The public, if the networks bow down to Carr and Trump, will not receive any broadcast news that is not favorable to this administration. In other words, the broadcast news will be censored.
The network’s, then, are critical to the gathering and reporting of news to enable citizens to judge whether the actions of this administration are in or outside of our best interest and worthy of their vote to either maintain or remove them when the time comes.
More Reading: Trump’s Big Lie: The Media Isn’t Part of the Problem; It IS the Problem (VIDEO)
Trump is aware that extensive coverage of the Vietnam War swayed public opinion against its continuation. He wants a free hand as the authoritarian president he thinks he is.
The networks needs to stay the course, and remain vigilant as to the accuracy of their reporting.
There is no doubt that the lower courts would uphold their rights to licensure if the FCC refuses renewal based on reasonably accurate reporting of the news that is contrary to the views of the administration, even if not accurate, if reported in good faith.
Even the Supreme Court would likely go along. The networks should stand up to Carr and make it clear to him and Trump that the administration does not control the news!
Images on this page are licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.