Former FCC officials & broadcast journalists ask court to compel FCC response to News Distortion Policy petition

The filing asks the U.S. Court of Appeals for the District of Columbia to order the Federal Communications Commission (FCC) to decide whether to repeal the News Distortion Policy.

Today a group of former FCC Chairs and Commissioners and senior-level staff, joined by the Radio Television Digital News Association (RTDNA), filed a petition for a writ of mandamus in the U.S. Court of Appeals for the District of Columbia. The filing asks the court to compel the FCC to respond to a November 2025 petition to repeal the News Distortion Policy. If the writ is granted, the FCC will be required to take a position on whether to repeal or uphold the news distortion policy, which FCC Chair Brendan Carr has abused to chill free speech in the press.

The petitioners write that “in the context of the midterm elections, which are fast approaching, the Chairman’s naked attempts to suppress coverage the Administration views as unfavorable pose serious threats to the First Amendment and to our democratic order. … The Chairman’s abuse of the news distortion policy itself distorts the information voters have to make their choice, threatening the fairness of the midterms.” 

In response to the petition filed in November, Chairman Carr indicated that he does not plan to repeal the news distortion policy. “How about no,” he posted on X.

“The News Distortion Policy is a loaded gun that Chairman Carr is using to threaten broadcasters,” said former FCC Chairman Mark Fowler (R, 1981-87). “Until it is repealed, we will not have a free press. Every day the agency delays is another day the FCC can use this policy in bad faith. The press that uses air and electrons should be as free as the press that uses paper and ink.” 

“The FCC’s failure to act is no accident. As long as the News Distortion Policy remains, the FCC Chair could continue to misuse it to police perceived media bias, discourage broadcasters from covering controversial stories, and punish outlets that air content the Trump administration dislikes,” said former FCC Chairman Tom Wheeler (D, 2013-17). “The agency must answer for its attempts to censor the press.”

“When unlikely allies share an opinion, that opinion eclipses partisanship and ideology,” said former Commissioner Rachelle Chong (R, 1994-1997). “You could not find a group of petitioners with more divergent political beliefs than this one, and yet, we all agree on one thing: The news distortion policy should be repealed. The First Amendment of the Constitution protects the right to free speech and freedom of the press by broadcasters.”

“The free press is called the fourth estate for a reason—it exists to hold powerful leaders in the legislature, judiciary, and executive branch to account. Journalists must be able to safely seek the truth and publish facts, without fear of retaliation,” said Tara Puckey, President & CEO at RTDNA, the world’s largest professional organization devoted to broadcast and digital journalism. “Any policy that enables the federal government to punish broadcasters for their coverage is an existential threat to independent journalism. The stakes are too high for the FCC to remain silent.”

The petitioners are represented by counsel at Protect Democracy and TechFreedom, as well as Andrew Jay Schwartzman and Gigi Sohn.

“FCC Chair Brendan Carr’s refusal to present the petition to the Commission for a vote is not only a procedural failure, but also an active threat to the First Amendment,” said Conor Gaffney, Counsel at Protect Democracy, a cross-ideological nonprofit group dedicated to defeating authoritarianism. “The FCC is legally obligated to respond to our petition. We are asking the court to hold it to that obligation.”

“Chair Carr knows he cannot defend this policy, and that’s why he hasn’t responded,” said Berin Szóka, President of TechFreedom, a nonpartisan think tank dedicated to defending free speech, the Constitution and the rule of law. “In the 1970s, the FCC itself warned that policing the news risks ‘omnipresent government censorship’ and that no government agency should have the power to judge whether news coverage is biased. The current FCC Chair is defying his own agency’s warnings. We’re asking the court to compel them to answer for it.”