The FCC has reactivated its long-dormant “news distortion” policy, placing every radio/TV newsroom in America under a microscope for alleged bias or suppression of facts—and top broadcast attorneys say the vague rules could cost local stations hundreds of thousands in legal fees and even jeopardize their licenses.
Speaking at Radio Ink's Forecast 2026 conference at the Harvard Club, a panel of former FCC chiefs of staff and First Amendment litigators warned that the policy—last enforced in the 1970s—lacks clear definitions for terms such as “intentional distortion,” “bias,” or “suppression.” Commissioner Anna Gomez, in a blistering dissent filed November 8, called the revival “a weaponized tool to chill speech,” predicting it will invite politically motivated complaints against stations in battleground markets.
Forecast 2026 Panel Predictions
- Court Battles Loom: Veteran FCC attorney David Oxenford told attendees, “We will see the first constitutional challenge within 90 days. The vagueness alone violates the First Amendment.”
- Documentation Mandates: Stations were urged to retain raw audio, reporter notes, and editorial decision logs for at least three years—triple the prior industry norm.
- Political Targeting: In swing states like Pennsylvania and Georgia, hyper-local talk stations reported a 300% spike in pre-filed “distortion” complaints since the policy’s October 31 notice, according to NAB data.