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FCC Faces Backlash Over Broadcast Speech Regulation

Ars Technica •
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The Federal Communications Commission (FCC) under Chairman Brendan Carr is facing widespread criticism for its attempt to penalize ABC over speech President Trump dislikes. Liberal advocacy groups and conservative organizations alike have urged Carr to cease these actions, warning of dangerous precedents.

Former FCC officials from both Republican and Democratic administrations have decried Carr's efforts as a "campaign to censor disfavored speech." The FCC's move to require ABC to file early license renewals for its eight stations stems from petitions filed by conservative groups like the Center for American Rights and the Media Research Center. Though the FCC cites potential violations of anti-discrimination rules related to diversity, equity, and inclusion (DEI) practices, the impetus appears to be statements made by comedian Jimmy Kimmel and ABC's decision not to air a Trump primetime address.

Conservative groups have expressed concern that the FCC's actions could establish a precedent that future administrations might use to target conservative broadcasters. They argue that license renewals should be reserved for "genuinely extraordinary circumstances" and that the FCC should not be in the business of judging speech. Free speech organizations, including the ACLU, have also stated that the FCC's actions violate the First Amendment. Disney, ABC's owner, maintains it has broken no rules and accuses the Trump administration of retaliation for exercising its First Amendment rights.