Ajit Pai: Silence is Consent to the Trump Agenda

The descent into authoritarianism continues apace in the United States, where Donald Trump went on a tirade against NBC News last week for publishing stories about him that he doesn’t like. Repeatedly, Trump suggested that NBC have its broadcast licenses revoked for all the “fake news” that it publishes.

Leaving aside the fact that television networks are not licensed by the Federal Communications Commission (broadcast licenses are awarded to individual radio and TV stations) and thus Trump (again) doesn’t know what he’s talking about, such vitriol from the nation’s chief executive should alarm any American who has actually read the U.S. Constitution. No surprise, then, that several members of Congress and many others have called out Trump for his attack on the First Amendment, and there’s even a case to be made that Trump’s ignorant threats already run afoul of it.

Over at the FCC, both Democratic Commissioners haven’t remained silent in the face of this bluster. Mignon Clyburn low-key responded in tweet-form, commenting that the only way TV stations might see their licenses revoked at Trump’s behest is if “we fail to abide by the First Amendment.” It bears noting that Clyburn may be mulling a run for elected office, so she’s obviously playing this close to the vest.

Meanwhile, Commissioner Jessica Rosenworcel, who was just reappointed to the FCC for another term after a short hiatus, has been much more forceful. Not only has she castigated Trump on social media, but she’s also gone on CNN and told media reporter Brian Stelter that “History won’t be kind to silence. I think it’s important for all the Commissioners to make clear that they support the First Amendment, and that the agency will not revoke a broadcast license simply because the president is dissatisfied with the licensee’s coverage.” Read More

FCC’s Trumpist Trajectory Intensifies

The rotten hubris that is the Trump administraton is in full bloom at the FCC. It began when its leadership refused to defend core communications principles like free speech and press and flourished when they swore fealty to hypercapitalism and preemptively demonized those who may oppose their policy agenda. Now the dirty tricks have arrived. It’s all so far outside the already-troublesome norm of how media policy is made as to be head-spinning.

Let’s begin with the agency’s effort to repeal network neutrality regulations. An issue that’s overly complicated in most news coverage, the nation turns to John Oliver to make sense of it. He’s done this twice now – most recently in May, and as before his coverage inspired millions to visit the FCC’s public-comment site and make their thoughts known on the issue.

The first time, the public response in favor of net neutrality was so overwhelming that it crashed the FCC’s servers. This time, the system went down again…but the FCC claims that it was due to a malicious attack of unknown origin. According to (now-gone) Chief Information Officer David Bray, as Oliver’s latest segment went to air, “the FCC was subject to multiple distributed denial-of-service attacks (DDos). These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic. . .[they] were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC.” Read More

Ajit Pai’s Forked Tongue on Media Freedom

His boss has repeatedly asserted that journalists are the “enemy of the people,” but when FCC Chairman Ajit Pai was asked directly at a Senate hearing earlier this month whether he agreed, he skillfully talked around it. Claiming reluctance to “wade into the larger political debates,” Pai commented that he believed “that every American enjoys the First Amendment protections guaranteed by the Constitution.”

After the hearing, 13 Senate Democrats sent Pai a letter asking for more detail on his commitment to press freedom, and his response was perfunctory – though he did assert that he thought Trump was talking about “fake news” being the enemy, not legitimate journalism.

Unfortuantely, Pai’s past actions as a lowly Commissioner completely contradict these claims. There are two cases that make this plain. 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