FCC Commissioner Anna Gomez sharply criticized President Donald Trump after he called for NBC and ABC to lose their broadcast licenses for declining to air a speech he delivered, arguing such editorial decisions are protected by the First Amendment.
Calling out Donald Trump’s threats
Gomez, a Joe Biden appointee, accused Trump of attempting to intimidate broadcasters over routine editorial judgment.
“It is ridiculous to call for broadcasters to lose their license simply for making the same editorial decisions they’ve made under presidents of both parties,” Gomez said in a statement reported by The Wall Street Journal.
“Those editorial decisions are protected by the First Amendment, and the FCC has no authority to punish a station for refusing to air a blatantly political speech. This is a [stark] attempt to bully broadcasters, and the FCC should have no part in it,” she added.
Donald Trump lashes out at networks
Trump lashed out after NBC and ABC chose not to carry his remarks live.
“In a rare move, NBC and ABC fake news have both said that they would not cover this speech. They knew what it was about,” Trump said.
“Fraud like this should mean a revocation of their licenses,” he added.
Homeland Security Secretary Markwayne Mullin echoed Trump’s criticism during later remarks, questioning the networks’ decision.
“How shameful is that?” Mullin said of NBC and ABC not carrying Trump’s speech. “Why? What are they trying to cover up? Why wouldn’t they want to inform the American people? Why are they calling themselves a news outlet if they’re not actually trying to put the news out there?”
Fox News, which did air coverage related to Trump’s remarks about alleged fraud in the 2020 presidential election, also included a disclaimer stating, “Fox News has not seen the evidence yet and is not in a position to evaluate the accuracy of the president’s statement and claims.”
Lack of authority
First Amendment experts said the Federal Communications Commission lacks the authority to revoke broadcast licenses based on a network’s decision not to air a political speech.
“The government is not in charge of deciding what is newsworthy and what isn’t newsworthy, what needs to be carried live and what doesn’t,” Institute for Free Speech President David Keating told USA Today.
He added that while an effort to pursue license revocations would likely fail, it could still burden broadcasters.
“It certainly wouldn’t surprise me if he tried it, but I don’t think it would be successful in the end,” Keating said.