Seven former Federal Communications Commission commissioners, including five Republicans, have launched an unprecedented bipartisan challenge against current Chairman Brendan Carr's use of a rarely invoked "news distortion" policy to investigate broadcast media, according to Niemanlab. The former commissioners argue that Carr is wielding the policy unconstitutionally to pressure news organizations, marking a significant split within Republican ranks over media regulation.
Investigation Targets Public Broadcasting
The controversy intensified when Carr ordered an investigation of NPR and PBS in January 2025, focusing on whether their corporate underwriting announcements violate federal law by crossing into prohibited commercial advertising territory, according to NPR. In a January 30 letter to NPR President Katherine Maher and PBS Chief Executive Paula A. Kerger, Carr stated he was "concerned that NPR and PBS broadcasts could be violating federal law by airing commercials."
The FCC regulates roughly 1,500 public broadcasting stations across the country that hold licenses for public airwaves, according to NPR. Public broadcasting stations are prohibited from running traditional commercials and instead present corporate underwriting spots that must stop short of a "call to action" telling audiences to purchase products or services.
Both NPR and PBS executives rejected Carr's claims. "We are confident any review of our programming and underwriting practices will confirm NPR's adherence to these rules," Maher stated, according to NPR. PBS's Kerger emphasized that the network works "diligently to comply with the FCC's underwriting regulations."
Constitutional Concerns Mount
The seven former commissioners argue that Carr's approach violates fundamental First Amendment principles and statutory limitations on FCC authority. "The Supreme Court has many times held, in many contexts, that it is no job for government to decide what counts as the right balance of private expression," the former commissioners wrote, according to Niemanlab. They noted that "the Communications Act similarly denies the Commission the power of censorship."
The commissioners specifically criticized Carr for acting as a "self-appointed, free-roving arbiter of truth in journalism," according to Niemanlab. Their letter requests that the FCC rescind the news distortion policy entirely and affirm that the agency cannot police broadcaster speech for bias or falsity except under extremely narrow circumstances.
Broader Media Pressure Campaign
Carr's actions extend beyond public broadcasting to commercial networks. After assuming the FCC chairmanship in January 2025, he reopened a complaint filed in October 2024 by the Center for American Rights against CBS News over its editing of a Kamala Harris interview, according to Niemanlab. The case resulted in a $16 million settlement between former President Trump and CBS News.
The FCC also approved the $8 billion Paramount-Skydance merger deal in July 2025, though Carr has used various regulatory actions to pressure media companies, according to Broadbandbreakfast. Legal experts warn that these interventions represent "a textbook illustration of the difference between persuasion and coercion," according to veteran First Amendment attorney Bob Corn-Revere, as reported by Broadbandbreakfast.
Historical Context and Current Stakes
The tension over public broadcasting funding has deep roots. Forty years ago, the Reagan administration challenged PBS funding, prompting the network to enhance its corporate underwriting model to sustain programs like "Nova," "Masterpiece," and Ken Burns documentaries, according to Latimes. However, Carr has explicitly stated his opposition to continued federal support, writing that "I do not see a reason why Congress should continue sending taxpayer dollars to NPR and PBS," according to Latimes.
Conservative lawmakers have seized on Carr's position. Senator Mike Lee (R-Utah) has proposed the "Defund Government-Sponsored Propaganda Act" to eliminate federal funding for public broadcasting, viewing these outlets as promoting liberal policies, according to Latimes.
Regulatory Authority and Limitations
The FCC's actual authority over broadcast content remains constitutionally limited, particularly regarding news coverage. The agency licenses individual broadcast stations rather than networks, and its enforcement regarding news content is "very narrow in scope" due to First Amendment protections, according to Deadline. Any content-based actions by a Republican-controlled FCC would face strict judicial scrutiny in federal courts.
FCC Commissioner Geoffrey Starks, a Democratic appointee, has voiced concerns about the current chairman's approach. The controversy highlights the tension between regulatory oversight and press freedom, especially as Trump's administration seeks to reshape media landscape through regulatory pressure rather than direct censorship.
Industry and Academic Response
Communications experts view Carr's early focus on public broadcasting as significant. "Carr bringing this up so early in his chairmanship shows that this is something that he's really interested in dealing with," said Jeff McCall, a professor of communications at DePauw University, according to Latimes. "That's what makes it feel different."
The bipartisan nature of the former commissioners' challenge is particularly noteworthy, given that five of the seven signatories are Republicans, according to Niemanlab. This suggests that concerns about government overreach in media regulation transcend partisan lines, even as the current administration pushes for more aggressive oversight of news organizations.
The outcome of this dispute could establish important precedents for how future FCCs balance regulatory authority with constitutional protections for press freedom, making it a closely watched test case for media independence in the digital age.