Washington, D.C. - Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Communications and Technology Subcommittee Chairman Mike Doyle (D-PA) sent a letter today to Federal Communications Commission (FCC) Chairman Ajit Pai demanding the FCC reassure broadcasters that the agency will not revoke licenses for airing legally protected speech.
On March 25, President Trump’s campaign sent letters to certain broadcasters regarding the airing of an advertisement critical of the President’s response to the coronavirus pandemic. The campaign team told the broadcasters that continuing to air the advertisement “could put [the] station’s license in jeopardy." Pallone and Doyle wrote that such threats are contrary to the Constitution and the Communications Act. Section 326 of the Communications Act, and the First Amendment to the Constitution, prohibit the FCC from interfering with the programming decisions of licensees to air legally protected content.
“At a time when autocratic governments around the world are using the coronavirus pandemic as an excuse to suppress press freedoms, we must reaffirm - not undermine - America’s commitment to a free press," Pallone and Doyle wrote. “By remaining silent, the FCC sends a disturbing signal that it sanctions these threats and that broadcaster licenses could be in jeopardy."
Trump has repeatedly threatened broadcasters‘ licenses, including in October 2017 when he disagreed with their news coverage. At the time, FCC Chairman Pai assured broadcasters and the public that the FCC could not revoke a broadcaster’s license based on the content of the broadcaster’s programming.
“We believe, the FCC has a duty to provide clear guidance to broadcasters and the public that threats by politicians about protected speech will not influence the agency or broadcaster licenses," the Chairmen wrote. “To stay silent could undermine the First Amendment and the Communications Act."