Media Matters, a left-wing advocacy group, filed papers on Tuesday to block a Federal Trade Commission (FTC) probe, arguing the agency’s civil investigative demand (CID) violates the First Amendment.
The group claims “ample circumstantial evidence” shows the FTC targeted it due to disapproval of its reporting and advocacy, citing suspicious timing, hostile statements from FTC decision-makers, pretextual reasoning, and the agency’s failure to investigate similar entities. The legal battle began in June when Media Matters sued the FTC over its CID, which sought extensive documents, including those related to the Interactive Advertising Bureau, World Federation of Advertisers, and others.
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The FTC, in response, urged U.S. District Court Judge Sparkle L. Sooknanan to dismiss the lawsuit, arguing it’s premature since the agency hasn’t enforced the CID in court and denying targeting Media Matters, claiming the group is one of many investigated for potential “unlawful advertising boycotts.”
In its latest filing, Media Matters argues the FTC failed to justify why it would have relevant evidence, as it neither purchases ads nor participates in boycotts. The group warns that allowing such broad FTC authority could expose any media outlet, from The New York Times to Fox News, to similar demands whenever reporting is linked to suspected antitrust issues.
Media Matters also contends the FTC’s probe into “advertiser boycotts” is a politically motivated attack on protected speech, not a legitimate antitrust concern, as such laws address financially driven competitor agreements, not advocacy.