FCC’s Gomez: Agency Has ‘No Right’ to Crack Down on DEI

Citing a ruling this week from the 5th U.S. Circuit Court of Appeals, Democratic FCC Commissioner Anna Gomez argued that the FCC lacks authority to pressure companies into eliminating diversity, equity, and inclusion (DEI) programs. 

The court ruled that the FCC cannot collect race, sex, and ethnic data via Form 395-B, a practice used from 1970 to 2001 and briefly reinstated late in the Biden administration, though no data was collected.

In response, Gomez stated: “It’s a shame the court struck down reasonable transparency measures designed to shed light on the media market. But its broader message was unmistakable: the current FCC has no right to weaponize its authority against lawful, merit-based hiring decisions by private companies or target them because of their use of terms like diversity, equity and inclusion.” 

Brendan Carr

She added, “The FCC’s ideological crusade has never been about fairness—it’s about control. It’s a new and dangerous form of speech policing that has no place in a free society. We must continue to defend the First Amendment from those who use it as a weapon against the very freedoms it protects.”

FCC Chair Brendan Carr, appointed by President Trump, has eliminated DEI programs at the FCC, making their eradication a priority. He launched investigations into DEI practices at The Walt Disney, Comcast and Verizon Communications leading to significant outcomes. 

Disney and PBS agreed to end their DEI programs earlier this year, with PBS closing its DEI office in February 2025 , and Verizon ending its DEI efforts to secure FCC approval for its $20 billion takeover of Frontier Communications . Gomez and other critics, including former FCC commissioners, argue this crackdown aims to silence media critics of the Trump administration.

Gomez, along with other critics, including former FCC commissioners, contends that the DEI crackdown is an effort to silence media outlets critical of the Trump administration.