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

FCC to WIN: You’re Not News, Get Over It

Sad but true: last Friday, the FCC finally responded to my appeal of its denial of my Freedom of Information Act request involving a case in which the agency declared Workers Independent News to not be news.

The dismissal was fairly perfunctory. What I was primarily asking for was the other 5,600+ pages of documentation the agency collected regarding correspondence (both internal and external) and deliberations on the WLS/WIN case (it only released 88 heavily-redacted pages). My primary objective was to discover the identity of the complainant who kicked off this sordid saga, as well as the identities of FCC staff who took the complaint and turned it into libel by official writ. Never before in the history of U.S. broadcast regulation has the FCC made a content determination on the legitimacy of a news organization. Read More

“The Documents Are Not Available”

On Thursday, February 25th — one day before the Radio Preservation Task Force‘s inaugural conference — I traveled to Washington, D.C. to meet up with friend and colleague, Dr. Christopher Terry, who was also attending the conference. Like me, Dr. Terry is a media law and policy scholar who hails from Wisconsin. And also like me, Dr. Terry has been watching with interest the FCC’s foray into definining journalism on the public airwaves.

In his classes, Dr. Terry uses the Commission’s $44,000 fine against WLS-AM for airing newscasts produced by Workers Independent News as a teaching point to explore the FCC’s regulation of sponsored content. In prior posts, I’ve explained how Workers Independent News purchases airtime on selected commercial radio stations to air its newscasts and features. The FCC case stemmed from WLS-AM’s failure to run the required disclaimer that WIN had paid for its own airtime in a small fraction of broadcasts.

But when the FCC decided to sock WLS with such a stiff fine, it made WIN’s legitimacy as a news organization key to its rationale. Unprecedented in the history of U.S. broadcast regulation, the FCC effectively declared Workers Independent News to not be news, thereby justifying such a large forefiture.

Shortly after the FCC’s 2014 decision, I filed a Freedom of Information Act request with the agency for all documents related to its decisionmaking process in the WLS case. Last November, FCC attorneys reported back that they had identified several thousand pages of material…but released less than 90 redacted pages. Among them was the original complaint that kicked off the FCC’s inquiry, which defamed Workers Independent News as an activist organization masquerading as a news outlet. It was on this allegation that the FCC seemed to rest its case. Read More

FCC FOIA Request in Official Limbo

It’s been nearly three months since I last heard from the Federal Communications Commission about the agency’s determinations on the journalistic legitimacy of a news organization I founded more than a decade ago.

For those just tuning in: earlier this year, the FCC fined a Chicago radio station more than $40,000 for airing newscasts produced by Workers Independent News. The FCC, in historically unprecedented fashion, categorized WIN as something other than journalism and admonished the offending station for deceiving its listeners.

I filed a FOIA request to get a sense of just how the FCC came to this determination, and what the implications of its decision might be on other independent media outlets seeking public access to the airwaves. The FCC, to put it mildly, has been less than helpful. Read More