President Trump’s CBS lawsuit ties media freedom to FCC’s regulatory power

In the first hours of his presidency, President Donald Trump signed Executive Order 14149, “Restoring Freedom of Speech and Ending Federal Censorship.” The Order prohibits any “federal department, agency, entity, officer, employee, or agent” from acting “in a manner that advanced the Government’s preferred narrative about significant matters of public debate.” Two days later, the new chairman of the Federal Communications Commission reopened a previously dismissed proceeding, the effect of which was to advance a Trump campaign “preferred narrative” about the CBS television network. The action not only inserted the agency into matters of freedom of speech but also the personal lawsuit brought by private citizen Trump against CBS. Two days following the opening of the FCC docket, Donald Trump—acting as a private citizen—doubled the size of the damage claim from $10 billion to $20 billion by including CBS parent Paramount Global as a defendant. Presidents have the right to express themselves on matters before the FCC. However, the president’s input that “CBS should lose its license” (an FCC decision) and its relationship to a lawsuit from which he could personally benefit is unusual.