FCC Commissioner Brendan Carr Stands Up for Free Speech in Broadcasting

Freedom of speech is protected by the First Amendment to the U.S. Constitution. Importantly, free speech protections extend to speech about the conduct of public officials. Americans have the right to talk about and criticize their leaders. Supporters of free speech – including political free speech – should read FCC Commissioner Brendan Carr's May 10 statement bearing the subtitle: "FCC Must Stand up for Free Speech and Press Freedom by Dismissing Complaint Today." Commissioner Carr's statement comes in response to a formal complaint filed by the Office of the State's Attorney for Baltimore City, which complains about the tone and frequency of local broadcast journalists' stories about State's Attorney Marilyn Mosby. A link to the formal complaint is provided in Commissioner Carr's statement. 

It's not the role of the FCC to serve as selective speech police. And if the Commission were to try to go down that road, the First Amendment would forbid it. In April 2020, the FCC's Media Bureau and its now-former General Counsel Thomas Johnson issued an important letter defending broadcasters' free speech on matters of public interest. Free State Foundation President Randolph May interviewed Mr. Johnson about that letter and more in a May 2020 event with the Federalist Society, and the audio is available online.

So far, the newly-constituted FCC apparently has been silent on the State Attorney Office's speech complaint. Hopefully the Commission will follow Commissioner Carr's lead in respecting First Amendment free speech rights.