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FCC BROADCAST NEWS DISTORTION POLICY

4/7/26 -- UNDER CONSTRUCTION -- COME BACK NEXT WEEK 

 

 

FCC BROADCAST NEWS DISTORTION POLICY

GALLOWAY v. F.C.C (1985)
FCC news distortion policy "developed in a series of cases beginning in 1969" with Hunger In America, 20 FCC2d 143 

"[r]igging or slanting the news is a most henious act against the public interest — indeed, there is no act more harmful to the public's ability to handle its affairs. In all cases where we may appropriately do so, we shall act to protect the public interest in this important respect. 

"...made a crucial distinction between deliberate distortion and mere inaccuracy or difference of opinion."

The key elements of this standard are, first, that the distortion or staging be deliberately intended to slant or mislead.... The allegation of deliberate distortion must be supported by "extrinsic evidence," that is, evidence other than the broadcast itself...
 

Second, the distortion must involve a significant event and not merely a minor or incidental aspect of the news report.

the Commission’s policy of requiring a “substantial prima facie case” before proceeding against a broadcaster
“reflect[ed] an appropriate respect for First Amendment values.”

SERAFYN v. FCC (1998)

 

LAW PROFESSOR LILI LEVI
"
Reporting the Official Truth: The Revival of the FCC's News Distortion Policy" (2000)

p.1011  "The assumption of the news distortion policy is that democracy
requires an informed citizenry armed with accurate information and faith in press integrity.

p. 1049: The key issue in news distortion cases is intent.

p. 1082: the news distortion policy is not directed to the protection of individual reputations. Rather, it appears to be designed to protect democratic decisionmaking in the citizenry as a whole.fn It is a way of enlisting government in making sure that the information needed for citizens in a democracy is presented in an undistorted, truthful fashion.

 

PROFESSOR CHAD RAPHAEL   

"The FCC's broadcast news distortion rules: Regulation by drooping eyelid"  (2001)

The FCC intentionally crafted the policies to make it “extremely unlikely to find a broadcaster in violation of them, out of respect for broadcasters' free speech rights,” Raphael said via email.
How unlikely? He found that of 120 news distortion decisions between 1969 and 1999, the FCC issued rulings against broadcasters in just eight cases. Three stations lost their licenses as a result, though in each case, news distortion was among a host of violations cited."

Within days of Carr’s elevation to FCC chair after President Donald Trump’s Jan. 20 inauguration, the commission also re-opened the Center for American Rights' news distortion complaint against ABC for alleged bias in fact-checking the presidential debate. It also resurrected the group's petition, opens new tab against NBC for allegedly violating the equal time rule when Harris appeared on Saturday Night Live.

PODCAST - 2023


PROFESSOR JOEL TIMMER

March 7, 2019
"Potential FCC Actions Against 'Fake News':
The News Distortion Policy and the Broadcast Hoax Rule

 

DUKE LAW SCHOOL LAW PROFESSOR STUART BENJAMIN

Video of Stuart Benjamin on “News Distortion Rule”;  

 The FCC's News Distortion Rule: An Unenforceable Liability for Broadcasters

  March 11, 2025
Free Speech Unmuted: Equal Time, Stephen Colbert, and the Future of Political Broadcasting,
with Stuart Benjamin

 March 15, 2026
Brendan Carr and the Fog of War
by Stuart Benjamin

 September 19, 2025
The FCC Chair’s Unprecedented, and Constitutionally Problematic, Response to Jimmy Kimmel” “public interest means…you can’t be engaging in a pattern of news distortion”

 law review article: “Making Broadcast Content Regulation Aggressive Again”  p. 7 “mistaken war reporting”

 


March 15, 2026
"FCC chair threatens TV networks amid Iran war coverage — but his warning rings hollow"
CNN (Brian Stelter)
"news content and entertainment that the president dislikes"

"unhappiness with their content"
Andrew Jay Schwartzman | C-SPAN.org

"news the FCC chair finds inconvenient"

March 16, 2026
"Trump and his officials pressure the news media in unison as Iran war scrutiny intensifies"
CNN (Brian Stelter)

----------------------------------------------------

March 15, 2026
'Actually want us to lose the War': U.S. broadcast licenses in danger over 'fake news' from Iran conflict
World Net Daily (Bob Unruh)

-----------------------------------------------------------

March 14, 2026
Carr threatens to strip broadcasters of licenses over Iran coverage
Washington Examiner (Zach LaChance)

March 14, 2026
Brendan Carr Threatens Broadcasting Licenses Over Iran War Coverage
Variety (Jack Dunn)   tips@variety.com

March 16, 2026
For Trump FCC Chairman Brendan Carr Outrage Is the Point in Threatening TV Broadcasters Over Iran News Coverage

Variety (Todd Spangler)

November 5, 2025
"Freedom, Broadcasting, and the Public Interest --
Why the FCC distortion standard must go" -- & here
Competitive Enterprise Institute (Brian Rankin, Esq.)

March 16, 2026
D.C. Memo: The Left Explodes after Carr Warns Broadcasters about ‘Hoaxes and News Distortions’
Ted Hearn   contact

--------------------------------------

March 15, 2026
FCC Chair Threatens Broadcasters’ Licenses Citing Concerns Over Iran War Coverage
The Thinking Conservative (from Epoch News - Jacob Burg)
info@thethinkingconservative.com

 

March 16, 2026
Trump wants to cover up bad news about the Iran war
Reason (Matthew Petti)

FCC Chair Brendan Carr threatens media outlets that don't report good Iran war news
Reason (Joe Lancaster)

Trump ally Brendan Carr threatens TV licenses over media coverage
Reason (Jacob Sullum)

March 16, 2026
With Threats and Claims of ‘Treason,’ Trump Pressures Media on the War"
NYT (Michael Grynbaum)

March 16, 2026
On Iran, Is Only Bad News Fit to Print?
WSJ (Mark Penn, Andrew Stein)

March 17, 2026
The FCC’s Sleeping Power Over the Press - Truth on the Market
Ben Sperry, Jeffrey Wrestling

 

 

 

 

 

--------------------------------------

 

ARS TECHNICA

March 16, 2026
Trump and his FCC chair demand more positive news coverage of Iran war - Ars Technica

April 7, 2025
"The speech police: Chairman Brendan Carr and the FCC’s news distortion policy"
jon.brodkin@arstechnica.com

December 17, 2024
"Trump FCC chair wants to revoke broadcast licenses—the 1st Amendment might stop him"

October 10, 2024
Trump wants CBS license revoked; FCC chair explains that isn’t going to happen

October 12, 2017
FCC chair “refused” to rebuke Trump over threat to take NBC off the air

 

February 13, 2025
"FCC case against CBS for ‘news distortion’ may go far beyond precedent, scholars say"
Reuters (Jenna Greene)  jenna.greene@thomsonreuters.com

"communications lawyers and FCC scholar say that the move
under newly installed commission chair Brendan Carr could mark a sharp departure from agency precedent.
reopened CBS complaint & invited comment   comment page

Center for American Right's October 16, 2024 complaint vs CBS to FCC

January 16, 2025 dismissal by FCC Chair --
DOC-408913A1.pdf

 

Professor Nicole Hemmer  wikipedia

 

Experts Available: Former FCC Chairs from Both Parties Seek Repeal of "Weaponized" Policy | Cato Institute

 

Alvarez

Cases — Center for American Rights

 

FAKE NEWS -- WAR COVERAGE

March 5, 2026
Karoline Leavitt's unfair criticism of CNN's coverage
Reason (Soave)

March 10, 2026
When 'Islamophobia' becomes a license to lie
Washington Examiner (David Harsanyi)

March 10, 2026
CNN retracts terrible post about alleged terrorists at New York City mayor's mansion
Reason (Senior Editor Robby Soave)   robby.soave@reason.com

March 15, 2026
FCC chair threatens TV networks amid Iran war coverage — but his warning rings hollow
CNN (Brian Stelter)

March 17, 2026
Trump team applying pressure to media: Tell the war's story the way we see it
AP (David Bauder)

March 14, 2026
"Critics Blast Trump FCC Chief for Threats Over Iran War Coverage"
Newsweek (Peter Aiken)

March 14, 2026
FCC chair threatens broadcast licenses amid Trump's criticism of Iran war coverage - CBS News

* * *

 


 

 

 

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