FCC’s Gomez Testifies About First Amendment Concerns
At last week’s appearance before the U.S. House Subcommittee on Communications and Technology Committee on Energy and Commerce, FCC Commissioner Anna M. Gomez testified about her concerns with
the way the commission is operating. She took issue with FCC Chair Brendan Carr’s interpretation of how the Commission should ensure that licensees operate in the public interest. She stated, “For months, this FCC has asserted an apparent roving mandate to police speech that this Administration does not like, invoking an undefined and unchecked concept known as the ‘public interest’ standard.
Instead of functioning as a principle intended to serve the public, this standard is being treated as a license to weigh in on content, viewpoint, and editorial judgment.
This is not what the FCC was created to do. The Commission’s job is not to police content, root out media bias, or guarantee favorable coverage for any administration. Its responsibility is to regulate communications infrastructure and markets, not censor the speech that flows through them.
The First Amendment protects against government interference with speech, and the Communications Act prohibits the FCC from engaging in censorship. In a free society, the government does not decide what speech is acceptable or aligned with its views. When the government’s media regulator claims the power to judge content or police bias, we move away from oversight and closer toward censorship and control.
That is why it is so important for the FCC to clearly define what it means by the public interest standard, something I have called on it to do repeatedly. It is also why Congress must insist on guardrails that prevent content-based regulation and protect against the FCC acting as an arbiter of speech.”
networks, developing infrastructure, and offering innovative and advanced capabilities.” The Notice goes on to say, “The Communications Act directs the FCC to regularly review its rules to identify and eliminate those that are unnecessary in light of current circumstances, recognizing that in addition to imposing unnecessary burdens, unnecessary rules may stand in the way of deployment, expansion, competition, and technological innovation in communications that the Commission is directed to advance. Government-wide administrative law requires review of rules to ensure that unnecessary—or affirmatively detrimental—rules are not retained.” The public comment period runs through April 15 and the Commission encourages “commenters to consider certain policy factors including cost-benefit considerations, marketplace and technological changes, barrier to entry, and more, as well as statutory and regulatory retrospective review standards.”