A bipartisan group of high-ranking former FCC officials released a statement today condemning FCC Chair Brendan Carr’s threats against broadcasters over their reporting on political polls. Many of the signatories previously petitioned the FCC to rescind the news distortion policy, warning that it violates the First Amendment and chills press freedom. Signers include Reagan FCC Chair Mark Fowler, Obama FCC Chair Tom Wheeler, and Clinton-appointed FCC Commissioner Gloria Tristani.

The former officials issued the following statement:

FCC Chair Brendan Carr’s threat against broadcasters over their reporting on political polls is yet another truly outrageous attempt to censor and control the information available to Americans as they prepare to vote.  

We have watched with growing alarm as Chair Carr has unleashed a campaign of intimidation and retaliation against journalists to chill speech the administration dislikes. Carr is now seizing on reports about fabricated political polling as an excuse to once again try to scare broadcasters into self-censorship. 

Good-faith reporting on public polls — even ones that turn out to be made up — is not a violation of the FCC’s news distortion or hoax rules. And the FCC has zero authority to dictate editorial decisions. 

Carr’s threats to misuse the news distortion policy are dangerous and unconstitutional. A group of us urged the FCC to rescind the policy to prevent exactly this kind of abuse.

The intimidation we are now seeing from Brendan Carr is part of an accelerating White House strategy to tilt the electoral playing field in the President’s favor and deny election results that don’t go his way. Making news outlets think twice before reporting on public polling is part of that effort. When its preferred candidates lose, the administration wants to be able to say that the results make no sense. Airing polls that show the electorate tilting away from the President’s party makes that harder.

So make no mistake: this is a direct attack on free and fair elections, which is especially concerning in the days and weeks when Americans are heading to the polls.

Signatories:

Rick Chessen, acting chief of staff to acting FCC Chairman Michael Copps from January 2009 to June 2009.

Mark Fowler, Republican Commissioner and Chairman of the FCC from 1981 to 1987, appointed by President Ronald Reagan.

Jerald N. Fritz, legal advisor and chief of staff to FCC Chairman Mark Fowler from 1981 to 1987.

Rosemary Harold, FCC Enforcement Bureau chief from 2017 to 2022.

William T. Lake, FCC Media Bureau chief from 2009 to 2017.

Blair Levin, chief of staff to Chairman of the FCC Reed Hundt from 1993 to 1997.

Gloria Tristani, Democratic commissioner of the FCC from 1997 to 2001, appointed by President Bill Clinton.

Thomas E. Wheeler, Democratic commissioner and Chairman of the FCC from 2013 to 2017, appointed by President Barack Obama.

Christopher J. Wright, general counsel of the FCC from 1997 to 2001.