Gomez Believes 1A Prohibits FCC From Regulating Content

FCC Commissioner Anna Gomez recently launched a “First Amendment Tour” to speak out against what she sees as FCC overreach. At events like the Free Press forum in Los Angeles and the National Association of Broadcasters (NAB) conference, she has warned of a “chilling effect” on free speech, citing examples like corporate parents pressuring newsrooms to tone down criticism due to fear of FCC retribution.

She has also criticized the FCC’s investigations into public broadcasters like NPR and PBS, as well as its scrutiny of DEI policies, as attempts to silence critics of the Trump administration.

Anna Gomez

Gomez has also argued that the FCC lacks the legal authority to regulate content moderation and fact-checking efforts by social media companies, broadcasters, and news outlets, asserting that such actions infringe on First Amendment rights and exceed the agency’s mandate. Her statements, made in various public forums, reflect her concerns about the FCC’s recent actions under Chairman Brendan Carr, which she views as attempts to influence editorial decisions and impose political censorship.

Gomez argues that the FCC’s jurisdiction, as defined by the Communications Act, is limited to regulating entities like radio and TV stations that use public airwaves. She asserts that the agency has no statutory authority to oversee content moderation or fact-checking by broadcasters, news outlets, or social media platforms.

She has emphasized that only Congress can amend laws like Section 230 of the Communications Decency Act, which grants internet platforms immunity from liability for user-generated content, reinforcing that the FCC cannot unilaterally regulate online content moderation.