In November, FCC Commissioner Anna Gomez acknowledged the reasoning behind a formal petition requesting the FCC to rescind its News Distortion policy – Democracy.org called the policy “an outdated rule that has increasingly been weaponized to chill press freedom and silence critical journalism.”

In her statement, Commissioner Gomez said “The FCC does not have the authority, the ability, or the constitutional right to go after broadcasters for their news content. The Communications Act forbids the Commission from censoring broadcasters, and the First Amendment protects journalistic choices from government intimidation. Nevertheless, this FCC has deployed a vague and ineffective News Distortion policy as a weapon to stretch its licensing authority and pressure newsrooms. 

“The First Amendment is a pillar of our democracy. As federal regulators, we must respect the rule of law, uphold the Constitution, and ensure that a free press is never subjected to regulatory interference by the FCC.”  The petition was created by a bipartisan coalition of former FCC chairs and commissioners. It was made in response to FCC Chairman Brendan Carr’s citing of the News Distortion policy against ABC. Carr himself had threatened to revoke the network’s affiliate licenses over comments made by late-night host Jimmy Kimmel. The comments were in regards to the presidential response of Charlie Kirk’s murder.