FCC Commissioner Anna M. Gomez last week delivered remarks at the University of Mississippi’s Jordan Center for Journalism Advocacy and Innovation. In her speech, Gomez advocated for the FCC to formally define broadcasters' "public interest" obligations through a new rule.
She argued that the current vagueness of the term—rooted in the Communications Act of 1934—allows regulators to "weaponize" it for politically motivated censorship of TV and radio content. This call comes amid heightened tensions at the FCC under Republican Chairman Brendan Carr, where the agency has increasingly scrutinized broadcasters' editorial decisions under the guise of public interest enforcement.
Gomez emphasized that while broadcasters must operate in the public interest to hold licenses for public airwaves, the lack of clarity risks First Amendment violations. She stated: "I don’t think the FCC walking away from enforcing the public interest standard has been a good thing," but stressed the need for boundaries to prevent abuse.
- Local news and emergency alerts.
- Community programming (e.g., events, public affairs shows).
- Diverse viewpoints without government interference. The FCC is explicitly barred from censorship: "No regulation or condition shall be promulgated... which shall interfere with the right of free speech by means of [over-the-air] broadcast communication."
Yet, Gomez noted that without a firm definition, the term has been invoked to pressure stations on political content, potentially chilling speech.
Specific Concerns and Examples Cited
Gomez highlighted recent instances where regulators have leveraged the undefined standard:
✔Kimmel Case: In September 2025, Chairman Carr urged ABC affiliates to preempt episodes of Jimmy Kimmel Live! after Kimmel's monologue criticizing President Trump and Republicans following the assassination of conservative figure Charlie Kirk. Carr cited potential violations of public interest obligations, prompting fears of reprisals.
✔Broader Patterns: Under Carr's leadership, the FCC has launched "sham investigations" into newsrooms (e.g., targeting outlets critical of Trump) and scrutinized diversity, equity, and inclusion (DEI) policies as "invidious discrimination."
Gomez warned this creates a "chilling effect" on journalism, echoing former Chair Jessica Rosenworcel's 2025 statement: "The FCC should not be journalism’s censor-in-chief."