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 November 2025 petition to repeal those controversial policies.
On April 28, a group of former FCC chairs, commissioners and senior-level staff, joined by the Radio Television Digital News Association (RTDNA), 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 2025 petition to repeal the News Distortion Policy.
The petition was in response to several highly 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. (TV Tech’s coverage of that petition is available here.)
In response to the November petition, Carr indicated that he does not plan to repeal the news distortion policy. “How about no,” he posted on X.
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. “The FCC is legally obligated to respond to our petition. We are asking the court to hold it to that obligation.”
If the writ is granted, the FCC will be required to take a formal position on whether to repeal or uphold the news distortion policy, which critics say FCC Chair Brendan Carr has used 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. Journalists must be able to safely seek the truth and publish facts, without fear of retaliation,” said Tara Puckey, president and CEO of RTDNA, a major professional organization devoted to broadcast and digital journalism. “Any policy that enables the federal government to punish broadcasters for their coverage is an existential threat to independent journalism. The stakes are too high for the FCC to remain silent.”
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 broadcast executive.
The petitioners write that “in the context of the midterm elections, which are fast approaching, the Chairman’s naked attempts to suppress coverage the Administration views as unfavorable pose serious threats to the First Amendment and to our democratic order. …The Chairman’s abuse of the news distortion policy itself distorts the information voters have to make their choice, threatening the fairness of the midterms.”
Several former FCC officials named as petitioners issued statements condemning the policy:
- “The News Distortion Policy is a loaded gun that Chairman Carr is using to threaten broadcasters,” said former FCC Chairman Mark Fowler (R, 1981-87). “Until it is repealed, we will not have a free press. Every day the agency delays is another day the FCC can use this policy in bad faith. The press that uses air and electrons should be as free as the press that uses paper and ink.”
- “The FCC’s failure to act is no accident. As long as the News Distortion Policy remains, the FCC Chair could continue to misuse it to police perceived media bias, discourage broadcasters from covering controversial stories, and punish outlets that air content the Trump administration dislikes,” said former FCC Chairman Tom Wheeler (D, 2013-17). “The agency must answer for its attempts to censor the press.”
- “When unlikely allies share an opinion, that opinion eclipses partisanship and ideology,” said former Commissioner Rachelle Chong (R, 1994-1997).“You could not find a group of petitioners with more divergent political beliefs than this one, and yet, we all agree on one thing: The news distortion policy should be repealed. The First Amendment of the Constitution protects the right to free speech and freedom of the press by broadcasters.”
The petitioners are represented by counsel at Protect Democracy and TechFreedom, as well as Andrew Jay Schwartzman and Gigi Sohn.
