Critics of attempts by the Federal Communications Commission to threaten broadcasters by investigating them for violating news distortion policies have gone to court to force the regulator to take a formal stand on the issue and respond to a petition to repeal those policies. Tuesday, a group of former FCC chairs, commissioners and senior-level staff, joined by the Radio Television Digital News Association, filed a petition for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit. The filing asks the court to compel the FCC to respond to a November petition to repeal the News Distortion Policy. The petition was in response to several controversial investigations by the FCC into allegations of “biased” news coverage of President Donald Trump by ABC, CBS and NBC and comments by FCC Chair Brendan Carr that the regulator has the power to punish broadcasters and potentially even remove broadcast licenses from stations violating public interest and news distortion rules. In response to the November petition, Carr indicated on X that he does not plan to repeal the news distortion policy. Carr has repeatedly argued that the public interest rules for obtaining broadcast licenses give the FCC authority to investigate stations airing biased newscasts and programming. Several affiliate stations are currently being investigated, but the agency has yet to take any formal action. “FCC Chair Brendan Carr’s refusal to present the petition to the Commission for a vote is not only a procedural failure, but also an active threat to the First Amendment,” said Conor Gaffney, counsel at Protect Democracy. If the writ is granted, the FCC would be required to take a formal position on whether to repeal or uphold the news distortion policy. Critics argue that Carr has used the policy to “chill” free speech in the press by threatening to yank broadcast licenses. “The free press is called the fourth estate for a reason — it exists to hold powerful leaders in the legislature, judiciary and executive branch to account,” said Tara Puckey, president and CEO of RTDNA. Besides the RTDNA, other petitioners include: former FCC member Rachelle B. Chong; former PBS president Ervin S. Duggan; former FCC chairs Mark S. Fowler, Alfred C. Sikes and Thomas E. Wheeler; former FCC general counsel Christopher J. Wright; Kathryn C. Brown, chief of staff to former FCC Chairman William Kennard; and Jerald N. Fritz, a former chief of staff to Fowler and longtime… [TheTopNews] Read More.
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