Ex-FCC Officials Claim Carr’s ‘News Distortion’ Crackdown Threatens Free Speech

A bipartisan coalition of former Federal Communications Commission officials is demanding that the agency scrap a long‑standing rule they say has become a political weapon — the FCC’s so‑called “news distortion” policy.

The petition, submitted by the liberal activist group Protect Democracy, is signed by seven former commissioners — five Republicans and two Democrats — and multiple senior staffers, all warning that the agency has crossed into dangerous territory by threatening broadcasters over editorial decisions. The policy, dating back decades, authorizes the FCC to penalize stations that “deliberately distort” factual news reports. For years, it was mostly dormant — until Trump‑appointed FCC Chair Brendan Carr began citing it in fights with television networks.

In February, Carr invoked the rule when his agency investigated CBS’ “60 Minutes” for allegedly misleading viewers in an interview with former Vice President Kamala Harris — a flap that coincided with Trump’s separate $20 billion lawsuit against CBS’ parent company, Paramount, which later settled for $16 million.

Then came the Jimmy Kimmel episode. After the comedian mocked conservatives for supposedly politicizing the murder of activist Charlie Kirk, Carr suggested that ABC affiliates airing “Jimmy Kimmel Live” could face fines or license revocation under the distortion policy. ABC later suspended Kimmel, only to reinstate him a week later after blowback ensued.

In the petition, former FCC heads — including Obama‑era Democrat Tom Wheeler and Reagan‑era Republican Mark Fowler — warn that the agency has “no legitimate interest” in policing speech and is courting lawfare by meddling in content. Gigi Sohn, a longtime media reform advocate who advised Wheeler, argued the rule has morphed from a safeguard against fabrication into “a cudgel,” and that the FCC already possesses other mechanisms to address intentional deception.

Carr insists critics are distorting his words, saying he issued no threat and that stations acted on “business decisions.” Democratic commissioner Anna Gomez claims that Carr’s comments amount to intimidation designed to chill speech before any court challenge.

At stake is whether the FCC, an agency barred from censoring content under the First Amendment, should retain a discretionary rule.