Luján, Rosen, Markey Introduce Legislation to Prevent the Political Weaponization of the FCC, Protect First Amendment

Luján Bill Comes Amid FCC Probes Into Broadcasters That Were Previously Dismissed

Washington, D.C. – Today, U.S. Senator Ben Ray Luján (D-N.M.), Ranking Member of the Commerce Subcommittee on Telecommunications and Media, and U.S. Senators Jacky Rosen (D-Nev.) and Edward J. Markey (D-Mass.) announced the introduction of the Broadcast Freedom and Independence Act, legislation that would prohibit the Federal Communications Commission (FCC) from revoking broadcast licenses or taking action against broadcasters based on the viewpoints they broadcast. The legislation would reaffirm the importance of the independence of the FCC, including that the President should not mandate the FCC’s agenda. U.S. Representatives Doris Matsui (D-Calif.), Nanette Barragán (D-Calif.), and Jennifer McClellan (D-Va) lead companion legislation in the House.

“The Trump administration’s weaponization of the FCC and intimidation of broadcast stations for political purposes is a serious threat to the First Amendment,” said Senator Luján. “The FCC and the President should not hold the power to revoke broadcasting licenses and censor free speech simply because they disagree with the viewpoints that are broadcasted. That is why I’m proud to lead this legislation to make it clear that the FCC operates independent of any political agenda. Free speech and freedom of the press is a pillar of our democracy, and I am committed to defending it from politically motivated attacks.”

“A free and independent press is a foundational part of defending the first amendment and ensuring Americans have access to information,” said Congresswoman Matsui. “It is clear President Trump intends to use every available avenue to intimidate and silence broadcast media that challenges his viewpoints. The weaponization of the FCC to launch baseless attacks on NPR and PBS show exactly the bullying tactics Donald Trump will use to censor dissent. That’s why Senator Luján and I are introducing this legislation that will ensure our media is protected from government attacks no matter their point of view.”

Specifically, the Broadcast Freedom and Independence Act would:

• Explicitly state that the FCC is an independent agency and that they must not use their authority to execute politically motivated attacks against licensees.
• Prohibit the FCC from taking action (including revoking any license or authorization) against any person based on the viewpoints disseminated.
• Prohibit the FCC from placing conditions based on viewpoint disseminated on any transaction approval.

This bill has no effect on the FCC’s authority to take action on violations explicitly outlined in other sections of the Communications Act, including with regard to obscenity, lottery, fraud, or incitement under the First Amendment. 

“When Congress created the FCC, it had witnessed firsthand how fascist governments in Europe used control of radio broadcasting to spread propaganda and suppress the free press. Determined to prevent that from happening in America, Congress established the FCC as an independent agency to safeguard press freedom. For nearly a century, the FCC has upheld this mission. But now, the current Chair has abandoned this long-standing tradition, turning the agency into a tool for the President’s agenda of press intimidation and suppression of criticism. It is a national tragedy that such a bill is even necessary. However, Public Knowledge applauds Senator Luján for standing up to the Administration’s bullying and giving defenders of a free press a cause to rally behind,” said Harold Feld, Senior Vice President of Public Knowledge.

“The First Amendment prohibits the government, including the FCC, from dictating what content the media covers and how they cover it. It is this freedom of the press that enables us to hold our government accountable when they overreach. Efforts to retaliate against the press for the viewpoints they express is not only unconstitutional, but will make all of us less informed about the world we live in. We thank Senator Lujan for introducing the Broadcast Freedom and Independence Act to protect freedom of the press,” said Jenna Leventoff, Senior Policy Counsel, American Civil Liberties Union.

“This bill sends exactly the right message, at a time of remarkable danger for freedom of the press in this country. Just a few years ago, Brendan Carr was an FCC commissioner proclaiming that newsroom decisions about how to frame stories should be beyond the reach of government bureaucrats like him. Now, he is our chief censor, eager to threaten those very same newsrooms any time Donald Trump snaps his fingers. Free Press Action thanks Senator Luján, Representatives Matsui, Barragan, and McClellan, and all members supporting this legislation,” said Matt Wood, Vice President of Policy at Free Press Action.

Senator Luján’s introduction of the Broadcast Freedom and Independence Act follows his call to FCC Chair Carr to stop the weaponization of FCC in light of recent attacks against both broadcasters and public media.

The legislation is supported by the American Civil Liberties Union, Public Knowledge, and Free Press Action.

Full bill text is available here.

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