McClellan, Matsui, Barragán, Luján Introduce Legislation to Prevent the Political Weaponization of the FCC

Washington, D.C. – Today, Congresswomen Jennifer McClellan (VA-04), Ranking Member of the House Energy and Commerce Subcommittee on Communications and Technology Doris Matsui (CA-07), and Nanette Barragán (CA-44), as well as U.S. Senator Ben Ray Luján (D-NM), 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.

“The Trump Administration and Republicans cannot claim to support free speech and a free press while weaponizing the FCC to bully and intimidate dissenting voices in the press — that is a clear act of censorship,” said Congresswoman McClellan. “My Democratic colleagues and I will not sit by and allow this Administration to trample on the First Amendment.”

“A free and independent press is essential to upholding the First Amendment and ensuring Americans have access to information,” said Congresswoman Matsui. “President Trump has made it clear that he intends to use every available avenue to intimidate and silence broadcast media that challenges his views. 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 we are introducing this legislation that will ensure our media is protected from government attacks regardless of their point of view.”

 “A free press is essential to a healthy democracy, and we cannot allow any administration to weaponize the FCC to control what Americans see and hear,” said Congresswoman Barragán. “The ability of broadcasters to operate without fear of political retribution is fundamental to the First Amendment. This legislation reaffirms the FCC’s independence and protects against the dangerous precedent of using federal agencies to silence dissent. I’m proud to join my colleagues in defending the First Amendment and ensuring that our airwaves remain a place for diverse voices and perspectives.”

 “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.”

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. 

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

Full bill text is available here.