Censorship

On Oct 13, 20 press freedom, media justice, labor and civil liberties groups submitted a letter to Federal Communications Commission Chairman Ajit Pai urging him to publicly condemn President Donald Trump's threats to challenge the broadcast licenses of news media outlets he dislikes. Signers of the letter also include former FCC Chairman Tom Wheeler and former FCC commissioners Michael J. Copps and Gloria Tristani.

"As an independent agency charged with protecting the public interest and overseeing the public airwaves, the FCC must resist any attempts to co-opt the broadcast-licensing process to suit the president’s whims,” reads the letter, which was signed by Color of Change, Committee to Protect Journalists, the Communications Workers of America, Free Press, Freedom of the Press Foundation, the National Hispanic Media Coalition, PEN America and Reporters Committee for Freedom of the Press, among others.

[Commentary] By their silence, the Republicans at the Federal Communications Commission have joined in the president’s strategy to get into the head of every television station news editor and station manager in the country. If, because the FCC failed to make clear that the government can’t bully them, even one broadcaster thinks twice about a story and its effect on their license, then the Constitution has been abridged and the FCC is complicit.

By their inaction, the Republican FCC commissioners have already violated their oath to uphold the Constitution. That sacred document is clear: The government is not to suppress ideas and opinion. There is no ambiguity in the First Amendment. The commissioners owe it to the American public and the Constitution they swore to uphold to issue an immediate and clear statement that speech is a protected right, and that it has no role in the matter of broadcast licenses. While they’re at it, they should also issue an apology to the citizens of the United States that they took over two days to get around to telling America the truth.

[Tom Wheeler is the former Chairman of the Federal Communications Commission 2013-2017].

As President Donald Trump exploits his office to chill his critics’ speech at a nearly unprecedented level, Federal Communications Commission Chairman Ajit Pai has a chance to be on the right side of history. He has a chance to stand up for the free-speech rights of people without power — in particular the rights of people of color, who are President Trump’s favorite punching bags. The question is whether he’ll seize that chance. It’s Pai’s job to protect the public interest in the realm of media, technology and communications. He has a duty, and a moral obligation, to stand up and publicly decry Trump’s behavior.

The president is not letting up on NBC, retweeting former Fox host Bill O'Rielly's take on the Federal Communications Commission license issue and taking new shots at the network for its reporting, including suggesting it could be President's new 'fake news' whipping outlet--replacing CNN.

In a week when NBC News's report about President Trump's alleged contemplation of massively ramping up the nuclear arsenal prompted a flood of tweets and comments excoriating the network, the president showed no signs of slowing down despite some bipartisan pushback. Oct 12 President Trump tweeted: "People are just now starting to find out how dishonest and disgusting (FakeNews) @NBCNews is. Viewers beware. May be worse than even @CNN!" He also retweeted a Bill O'Rielly tweet without added comment: "A free press is vital to protecting all Americans. A corrupt press damages the Republic."

President Donald Trump's war of words with the press escalated again when he suggested challenging, or revoking, the broadcasting licenses of stations that air network news programming. The response from the chair of the Federal Communications Commission: silence.

Chairman Ajit Pai could probably calm the industry and people across the political spectrum by assuring them that the agency won't violate democratic norms by targeting stations for political reasons. But thus far he hasn't issued an official statement or even a tweet about the president's tweets. "I think Chairman Pai is precariously balancing his desire not to anger the president with his desire not to anger the broadcast industry, which he has assiduously courted," says former FCC special counsel Gigi Sohn. "He certainly doesn’t want to attract the president’s ire."

[Commentary] Rage against the media is political Wagyu for the president’s base. And Trump’s notion of suspending television networks’ licenses — along with his proposal that late-night comedians be subject to the “equal time” rule — is essentially unworkable, given how government regulation of the airwaves actually works. So was it a genuine threat — or just another comment from a president who seemingly thrives on narrative tension simply trying to top himself? “One has to suppose that he’s looking for ways to shock people,” said Russell Baker. “It may go through, or he might probably forget about it,” said the former columnist for The Times. “Is anybody shocked anymore? He’s used it up. It can only last so long.” “What else could he say that he hasn’t already said?” said Bob Schieffer, the broadcasting eminence who formerly anchored “CBS Evening News”. Seen-it-all veterans may take Trump’s recent statements with a few grains of salt. But two former White House officials turned pundits, David Axelrod and Robert Reich, warned of creeping autocracy. And advocacy groups like the Committee to Protect Journalists were moved to point out that such words, issued from the presidential pulpit, can embolden dictators who are more empowered than President Trump to shape or censor coverage.

Federal Communications Commission Chairman Ajit Pai still hasn't publicly responded to President Trump's call for NBC and other networks to have their FCC licenses challenged, and Democratic lawmakers are stepping up the pressure.

Reps. Frank Pallone, Jr. (D-NJ) and Mike Doyle (D-PA) called for a Congressional hearing in which Chairman Pai and the other FCC commissioners "can publicly disavow President Donald Trump's repeated threats to revoke NBC's broadcaster license due to its reporting." They said, “Over the past few days, the President has repeatedly attacked news outlets and their FCC licenses. This threat alone may already be chilling free speech across the country. That is why we and others have called on the FCC chairman to immediately condemn this intimidation and promise to the American public that he will not follow through on the directions he has received from the president. Despite our calls, the chairman has refused to say if he agrees with the president. We therefore ask for a hearing as soon as possible with all five FCC commissioners so that they can publicly and under oath commit that they will not threaten broadcasters or their licenses because of the content of their reporting.”

Indiana state Rep Jim Lucas (R-Seymour) has drafted a bill that would require professional journalists to be licensed by state police. State Rep Lucas had the measure drawn up earlier in 2017 and said he may file it to drive home a point about his signature issue — gun rights. “If you’re okay licensing my second amendment right, what’s wrong with licensing your first amendment right?” he said. His proposal would require professional journalists to submit an application to the Indiana State Police. Journalists would be fingerprinted as part of the process and would have to pay a $75 fee for a lifetime license. Those with felony or domestic battery convictions would be prohibited from getting a license.

[Commentary] Many have commented on the First Amendment implications if President Donald Trump were to actually go after NBC’s license (or really, the licenses of local affiliates since NBC itself doesn’t need a license) or the NFL’s tax status. But President Trump need not act on his threats for his actions to be considered a First Amendment violation. There’s a compelling argument Trump is in violation of Constitution right now—after he crossed the line from criticism of protected speech to openly threatening government action.

There’s plenty of case law on this subject from the Supreme Court to appeals courts around the country. Most recently, in a case in the Seventh Circuit called BackPage LLC vs. Thomas Dart, Sheriff of Cook County, Illinois, just-retired Judge Richard Posner articulated exactly why Trump may already be running afoul of the First Amendment merely through his threats.

[Trevor Timm is the executive director of Freedom of the Press Foundation]

President Donald Trump has threatened press freedoms before, but on Oct 11 he went a step further: suggesting that television networks lose their federal broadcast licenses for what he considers “fake news.” In comments to reporters in the Oval Office, President Trump said, “It is frankly disgusting the way the press is able to write whatever they want to write, and people should look into it.”

The remarks alarmed 1st Amendment advocates for suggesting the use of government power to punish the media, recalling for many the threats of President Richard Nixon. “The founders of our nation set as a cornerstone of our democracy the 1st Amendment, forever enshrining and protecting freedom of the press," said Gordon Smith, president of the National Association of Broadcasters and a former Republican senator from Oregon. “It is contrary to this fundamental right for any government official to threaten the revocation of an FCC license simply because of a disagreement with the reporting of a journalist,” he said. Asked whether there should be limits on what journalists can write, President Trump softened his tone. “No. The press should speak more honestly,” he said. “I’ve seen tremendously dishonest press. It’s not even a question of distortion.”