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FCC’s investigation into CBS is a scare tactic, spectacle, and show trial

5 hours 30 minutes hence

In his short time as chair of the Federal Communications Commission, Brendan Carr has made so many MAGA moves contradicting what he’s previously claimed to believe in that it’s hard to pick the most hypocritical one. But high on the list is his decision to reopen the “news distortion” investigation into CBS over the editing of a “60 Minutes” interview with Kamala Harris, based on a complaint by the right-wing Center for American Rights.

The sham investigation is one of the many ways that Carr has used the FCC “to intimidate media organizations, influence editorial decisions, and suppress speech that’s critical of the administration,” as explained by a recent letter led by Public Knowledge and joined by Freedom of the Press Foundation (FPF) and other rights groups.

We’re not the only ones who think so. In an unprecedented move, Carr invited the public to weigh in on the CBS investigation, and they did. In addition to thousands of individual comments, groups on the right and the left, as well as nonpartisan organizations, expressed their views.

Many comments, including some from current and former journalists, highlighted how Carr is abusing FCC’s authority, chilling press freedom, and setting up conservative media for future regulatory retaliation. Here are excerpts from some of the best comments on those themes.

Current and former journalists tell Carr why he’s wrong:

  • Christopher Terry and J. Israel Balderas, former broadcast journalists (reply comments): “The spectacle of government officials — many of whom couldn’t edit a 30-second news package if their careers depended on it — presuming to second-guess professional journalists’ editorial judgments would be laughable if it weren’t so constitutionally abhorrent. This proceeding isn’t about protecting the public from ‘distortion.’ It’s about intimidating journalists who don’t toe the preferred political line.”
  • Javier Manjarres, publisher of The Floridian: “I’ve had the privilege of covering policy and politics for over a decade, interviewing dozens of conservative leaders and publishing countless articles. I firmly believe that conservatives win by countering bad ideas with better ones — not by inviting government bureaucrats to referee political media battles.”
  • Christopher Arps, NewsTalkSTL host and NewsMax contributor: “If the FCC starts injecting itself as an arbiter of what is considered fair or biased and begins using that judgment as an impetus to regulate major news networks based on their editorial choices, we are no better than the ‘big brother’ government oppressors we have proudly stood up against under Democrat administrations.”

Carr’s abuse of the FCC’s authority:

  • American Civil Liberties Union: “Baseless investigations are intended to scare those entities being investigated. And this investigation is just one of many that Chairman Carr has threatened since taking the Chairmanship. He has also threatened investigations against PBS/NPR, Comcast/NBC, and KCBS. Together, these investigations into disfavored media outlets send a message: say what we want you to say, or you will have to spend your resources defending yourself instead of reporting.”
  • Center for Democracy and Technology: “This proceeding is not about news distortion. The publication of the full transcript and unedited video of the interview at issue lays that fact bare. CDT is concerned that the FCC’s reinstatement of this complaint is part of a systematic effort to extract favorable news coverage of the current Administration and negative coverage of its political opponents from broadcast journalists, contravening the First Amendment and exceeding the FCC’s authority over broadcast licensees.”
  • Public Knowledge: “The timing and nature of these actions suggest that the technical machinery of media regulation might be transforming into something more problematic: a powerful lever that administrations can pull to intimidate media organizations they view as unfavorable — and thus undermine the very same democratic principles these independent agencies were designed to uphold.”
  • The Media Institute: “The FCC simply cannot, and should not, set itself up to be an overseer of countless editorial decisions by news organizations. … Such a sweeping and constitutionally impaired role for the FCC was never the rationale for the policy, and it should not be routinely invoked at this time as a means of chilling or even outright censoring news coverage the government finds objectionable.”
  • Former FCC Commissioners: “By reopening this complaint, the Commission is signaling to broadcasters that it intends to act at the behest of the White House by closely scrutinizing the content of news coverage and threatening the regulatory licenses of broadcasters whose news outlets produce coverage that does not pass muster in the President’s view.”

The investigation’s chilling impact on journalism and free speech:

  • Foundation for Individual Rights and Expression: “There is a name for this kind of thing — it is called a show trial. When proceedings become a performative exercise conducted to further a political purpose, they forfeit any claim to legitimacy. Show trials tend to be retributive rather than corrective and are designed to send a message, not just to their unfortunate victims, but as a warning to other would-be transgressors.”
  • Free Press (Reply Comment): “The very material burden this spectacle imposes on journalists cannot be overstated. As Commissioner Gomez has noted, the Commission’s speech-restrictive actions have already prompted broadcasters to tell ‘their reporters to be careful about how they cover stories because they fear government retribution.’ This is precisely the chilling effect … that the First Amendment guards against.”
  • Reporters Committee for Freedom of the Press: “Interference by any regulatory body into the editorial judgments of journalists and news organizations threatens to both suppress news in the public interest and to interfere with the flow of information that the electorate needs to oversee the government.”
  • Center for Democracy and Technology: “It does not matter if the FCC closes this proceeding without a finding that CBS violated FCC law or policy: the damage has been done. The reinstatement of the complaint and opening of this proceeding are intimidation tactics intended to pressure a news organization into providing the type and style of coverage that those currently holding political power would prefer.”

The impact on other news outlets, including conservative ones:

  • Fair Media Council: “Ultimately, it must be noted that to curtail, chill, pressure or outlaw freedom of speech or of the press at any one particular network or outlet, or simply attempt to, will result in a trickle-down effect throughout all American media outlets, regardless of platform or channel: CBS, NBC, ABC, FOX, PBS, CW, NewsMax, NewsNation, One America News Network and the Christian Broadcasting Network, to name but a few, will be directly and irrevocably impacted.”
  • Radio Television Digital News Association: “Make no mistake — once journalistic independence is eroded, the media will be ripe for abuse without regard for party or politics.”
  • TechFreedom: “Finally, if the new standard for triggering a news distortion analysis is that any edits of raw interview video can be subject to challenge, then the FCC will spend the next four years, at least, fielding dozens, hundreds, thousands of news distortion complaints. … The news distortion complaint process will be weaponized by both political parties, and the business of the FCC will grind to a halt as it will have to assign more and more FTEs to processing these complaints.”
  • Javier Manjarres, publisher of The Floridian: “The pendulum of political power shifts over time, and this action would set a dangerous precedent, allowing future Democratic administrations to target conservative media. If the FCC intervenes now, it is only a matter of time before media publishers like me find ourselves in the crosshairs.”
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