Free Expression Under Fire from the FCC

The Federal Communications Commission (FCC) has long exercised significant authority over broadcast media beyond what is typically tolerated under the First Amendment. Under various chairs and presidential administrations, the FCC has overstretched its authority. Recent actions have drawn particular attention, such as when Chairman Brendan Carr publicly pressured and threatened to punish ABC/​Disney over a comment on Jimmy Kimmel Live. That incident does not exist in isolation, with friction between the commission and broadcasters steadily rising over the past 12 months over myriad issues including the unprecedented early review of ABC’s broadcast licenses. The FCC points to the public interest standard and policies such as news distortion and the equal-time rule to justify its actions.

How should such policies be considered in light of today’s media ecosystem and the broader values of free expression? Please join us for an event that will discuss how the FCC’s actions toward broadcast media are affecting free expression, what challenges these actions might face in courts, and how policymakers could prevent such abuse.

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