A federal appeals court in New Orleans blocked the FCC from reinstating Form 395-B, which required broadcasters to submit employee race, ethnicity, and gender data.
The Fifth Circuit’s three-judge panel ruled on Monday, that the FCC lacked statutory authority to mandate this data collection, overturning the agency’s February 2024 party-line vote. The court argued that the FCC’s public interest justification does not grant unlimited power and failed to show how the data serves authorized goals like analyzing broadcast industry workforce trends.
The decision avoided addressing the FCC’s claim that the 1992 Cable Act applied to broadcasting, as a prior ruling deemed equal employment outreach mandates unconstitutional. Religious broadcasters, including the National Religious Broadcasters and American Family Association, challenged the FCC’s order (MB Docket No. 98-204), citing First and Fifth Amendment violations, particularly over the inclusion of a “non-binary” gender option. The court sidestepped these constitutional arguments, focusing on the FCC’s lack of authority.
The Texas Association of Broadcasters, also a plaintiff, welcomed the ruling. President Oscar Rodriguez stated it allows broadcasters to focus on serving communities by recruiting diverse talent without regulatory overreach. The 19-page decision emphasized that the FCC cannot expand its authority beyond what Congress permits, rendering the data collection requirement invalid.
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