Trump’s Renewed Attacks on Broadcast Licenses Raise First Amendment Concerns
Former President Donald Trump’s recent threats to revoke broadcast licenses of news outlets he deems critical have reignited concerns about the future of press freedom in the United States. His attacks, launched primarily on social media platforms like Truth Social, target networks like NBC, ABC, and CBS, echoing similar threats he made during his presidency. These actions raise crucial questions about the vulnerability of the First Amendment and the independence of regulatory bodies like the Federal Communications Commission (FCC) in the face of political pressure. Trump’s rhetoric, labeling critical media as "THE ENEMY OF THE PEOPLE," elevates the stakes and underscores the potential for such attacks to escalate beyond mere rhetoric.
Trump’s previous attempt to influence the FCC during his presidency, sparked by an NBC News report he disliked, met with a firm rebuff from then-FCC Chairman Ajit Pai, a Trump appointee. Pai affirmed the FCC’s lack of authority to revoke licenses based on news content. However, Trump’s renewed calls for license revocation as a presidential candidate in 2024, coupled with his promise to bring independent regulatory agencies "under Presidential authority," have raised fresh anxieties about the potential for political interference in the future. The current FCC Chair, Jessica Rosenworcel, has reiterated the agency’s commitment to the First Amendment and its independence from political influence, but the resilience of these safeguards in a potential second Trump administration remains uncertain.
Trump’s justification for these attacks centers on his accusations of "corrupt & dishonest" reporting and "Country Threatening Treason," echoing his longstanding campaign against what he terms "Fake News Media." He questions why these networks should be allowed to use the "very valuable Airwaves of the USA, FREE," implying that their licenses are a privilege that can be revoked at his discretion. This argument ignores the fundamental role of a free press in a democracy and the First Amendment’s protection against government censorship. His attacks on ABC stemmed from moderators fact-checking his false statements during a presidential debate, further highlighting the chilling effect such threats can have on journalistic integrity and the pursuit of truth.
Beyond his public pronouncements, a deeper concern lies in the potential abuse of presidential emergency powers. Tucked away in the "Doomsday Book," a collection of Presidential Emergency Action Documents (PEADs), is Section 706 of the Communications Act of 1934. This section grants the president sweeping authority to control communication networks, both broadcast and wired, during times of war or national emergency. Given Trump’s history of declaring national emergencies for purposes arguably outside the intended scope of such powers – including the travel ban, tariffs, and border wall funding – there is valid concern that he could invoke these powers to silence critical media outlets under the guise of a national security threat.
The broad language of Section 706, allowing presidential intervention in cases of "war or a threat of war, or a state of public peril or disaster or other national emergency," leaves the definition of these terms largely to the president’s discretion. This ambiguity creates a potential loophole for abuse, especially given Trump’s expansive view of presidential authority. During his presidency, he asserted his authority as "total," echoing his claim to have the "right to do whatever I want as president" under Article II of the Constitution. This mindset, combined with access to the powers outlined in the Doomsday Book, presents a clear and present danger to the freedom of the press.
The potential consequences of a president using emergency powers to control communication networks are significant. It could lead to widespread censorship, restrict the flow of information to the public, and undermine the very foundations of democracy. Congress, which granted these powers to the president, has a crucial responsibility to provide oversight and ensure they are not abused. Regardless of who occupies the White House, it’s essential for Congress to revisit these 20th-century powers and consider whether they need updating and strengthening of safeguards to prevent misuse in the 21st century. The future of a free press may depend on it.