Trump’s Call to Action: Free Press at Risk

By: Maggie Caudle, Vol. 23 Staff Writer

Background

After the first presidential debate on ABC in September, Donald Trump called for the Federal Communications Commission (FCC) to “take away” the network’s broadcasting license. Trump accused moderators of treating him unfairly during the debate, calling it “rigged” and saying ABC deserved to have their broadcasting license revoked. FCC Chairwoman Jessica Rosenworcel explained in a letter to two democratic senators that revoking ABC’s license would be a clear First Amendment violation.

This was not the first or last time Trump has threatened a news network that disagreed with him. In 2017, among many criticisms of “fake news,” he tweeted suggesting that partisan news networks such as NBC should have their licenses revoked. Most recently, he has suggested CBS should lose their license over an interview with Kamala Harris on “60 Minutes,” the editing of which he claims to be “illegal” and a “scam.” He subsequently even cancelled his own interviewon the show.

Ajit Pai, who was head of the FCC during Trump’s presidency, has sided with Rosenworcel in dismissing the former President’s claims. He explained to The Washington Post that the FCC has no authority to revoke a broadcasting licensebecause of content or partisanship.

Implications of a Second Trump Term

Trump’s calls to revoke the licenses of many major news outlets including NBC, CBS, ABC and CNN will likely ould be just the tip of the iceberg now that he has been reelected. Nathan Simington, a commissioner for the FCC, has suggested he may be receptive to Trump’s criticisms of CBS during the “60 Minutes” interview. Simington is one of the two Republicans appointed by Trump on the five-person FCC. 

When he takes office, Trump will be able to appoint another member to the Commission. He has indicated that he will appoint Brendan Carr, one of the current commissioners, to the chair position in January. Carr is one of the authors on Project 2025, which aims to increase licensing fees for educational media outlets such as Public Broadcasting Service (PBS) and the National Public Radio (NPR).

With a majority Republican FCC, Trump will have the potential to take action against broadcasters, but this action could still face challenges in courts, which apply strict scrutiny to such content-based restrictions. The former President’s 2017 call to revoke NBC’s licenses has been compared to threats by President Richard Nixon during the Watergate scandal. Nixon threatened both CBS and the Washington Post, who took charge of the litigation during Watergate. Trump’s criticism of media outlets who disagree with him is eerily similar.

The FCC has not denied a broadcasting license renewal in decades, but some TV executives suggest Trump’s comments have had a chilling effect on the media, which could worsen when he takes office in January. While the FCC operates independently, Trump has expressed a desire to place it “back under presidential authority.” While this would be an uphill legal battle, Ted Boutrous, who represented CNN against Trump, says the threat should be taken seriously.

Threats to media outlets are just a few of many threats to his perceived enemies. Trump has repeatedly warned of the “enemy from within,” and even said in 2022 he would send reporters to jail for not disclosing their sources. Stephanie Grisham, who worked for him in 2016, warns that he is likely to follow up on his threats. In a post to Truth Social in 2023, he discussed implementing White House review of any regulations the FCC considers. This sort of executive oversight would give the Commission much less freedom to control the press and put it in the hands of the President.

Broader Implications of Restrictions on Media

Trump’s reelection could have dangerous consequences for the media depending on the action he decides to take, but the mere suggestion of revoking media licenses based on partisanship is dangerous and uncharted territory in the United States. The First Amendment provides a guarantee of free speech and a free press, both of which could be lost if the law of media censorship changes.

In many countries around the world such as Georgia, independent journalism is in grave danger. The recent passing of a series of bills prohibiting LGBTQ+ “propaganda” has Georgian journalists worried for the future of their industry. A case was brought by prosecutors in Germany in 2016 against a comedian who criticized the President of Turkey. Angela Merkel allowed prosecution to proceed despite Germany’s long-standing value of free speech.

Although the U.S. media currently receives more protection for press through the First Amendment, suggestions by a former and future president to curb journalistic speech should be concerning to everyone. Despite a close presidential race, the results indicate that more than fifty percent of Americans are willing to elect a candidate who repeatedly advocates for such media restrictions. With an increasingly partisan electorate and a Republican majority in the legislature, it is very likely this threat to free speech will worsen in the near future.