Workers Independent News v. FCC: The FOIA Dance

Yesterday was the initial deadline for the FCC to respond to my Freedom of Information Act request regarding its ruling that Workers Independent News is not news.

Today I had a long conversation with two agency attorneys, who report that because my request was so broad (any correspondence related to the WLS case) there may well be more than 1,000 pages of documents involved. The majority of these are apparently e-mails between FCC staff. Read More

Workers Independent News v. FCC: Down the Rabbit Hole

Last week’s post about the Federal Communications Commission’s backhanded ruling on the legitimacy of Workers Independent News has left a lot of folks scratching their heads—but, as one legal scholar-colleague told me yesterday, "the more I think about it, the angrier I get."

That’s because the FCC’s offhanded beef with Workers Independent News is not just some bureaucratic flick..it’s a bona-fide, no-shit free speech issue, in that the FCC has made a historically unprecedented determination about just what is and is not journalism, and it’s leading to a censorship of sorts on WIN itself. Read More

The FCC as News Police: Right Hand, Meet Left Hand

Republican FCC Commissioner Ajit Pai is feeling his oats. After conducting a calculated and ideologically-driven campaign against a proposed FCC study of the practices and processes of journalism, the agency capitulated, killing the idea entirely. Pai reveled in his accomplishment: "In our country, the government does not tell the people what information they need. Instead, news outlets and the American public decide that for themselves."

Yet the FCC is in fact defining what news is, and it did so just last month—before Pai went on the warpath about the FCC as "newsroom police." Read More

Abusing the Bully Pulpit

It’s common for members of the Federal Communications Commission to use their positions as bully pulpits for favored causes. For example, Frieda Hennock (the agency’s first female Commissioner) pressed for an expansion of noncommercial broadcasting in the United States. Former Chairman Mark Fowler spoke loudly and often from the bully pulpit, decrying the regulation of media more broadly and precipitating the wildly neoliberal paradigm that has captured contemporary regulation.

More recently, Chairman William Kennard spoke out against media consolidation by advocating for the creation of the LPFM radio service, while Commissioner Mignon Clyburn spearheaded a drive to drastically reduce the rates for making calls from prisons, among many other initiatives during her stint as interim Chair.

But sometimes the bully pulpit provides a way to dissent from agency practices, the idea being that public scrutiny may pressure some change from within. Former Commissioners Michael Copps and Jonathan Adelstein were famous for touring the country and holding public hearings to learn what actual Americans thought about the state of their media environment. Read More