Coalition Pushing For FCC Decision on News Distortion Policy

A coalition of former FCC officials and leading broadcast journalists has asked a federal appeals court to force the FCC to rule on a petition seeking to repeal its long-standing News Distortion Policy.

The group, which includes former FCC Chairs and Commissioners as well as the Radio Television Digital News Association (RTDNA), filed a petition for a writ of mandamus Tuesday in the U.S. Court of Appeals for the District of Columbia. 

The filing aims to compel the FCC to formally respond to a petition submitted in November 2025 calling for the elimination of the policy.

If granted, the writ would require the agency to decide whether to keep or repeal the decades-old rule, which prohibits broadcasters from deliberately distorting news. Petitioners argue the FCC’s prolonged inaction, coupled with public statements from current FCC Chair Brendan Carr suggesting he has no plans to repeal it,  creates uncertainty and risks the policy being weaponized against media outlets.

The coalition warns that the unresolved policy could chill independent journalism and influence news coverage, especially as midterm elections approach. They contend that government delays in clarifying the rule threaten voters’ access to unbiased information and raise serious First Amendment issues.

Strong Bipartisan Support

Former FCC Chairman Mark Fowler said the policy remains a direct threat to press freedom.
“The News Distortion Policy is a sword of Damocles hanging over every broadcaster in America,” Fowler stated. “As long as it exists, it endangers the independence of the press.”Former Chairman Tom Wheeler argued that the FCC’s failure to act enables potential abuse.

“By refusing to repeal or even clarify this policy, the agency is leaving the door wide open to police perceived media bias,” Wheeler said. “This inaction is unacceptable.”Former Commissioner Rachelle Chong emphasized the bipartisan nature of the effort.

“This is not a partisan issue,” Chong said. “We have former officials from across the political spectrum united in the belief that this outdated policy must go.” Tara Puckey, President and CEO of the RTDNA, called the policy an existential threat.

“Any rule that gives the government power to retaliate against broadcasters for their coverage represents an existential threat to independent journalism,” Puckey said. “The FCC must respond now and eliminate this chilling effect.”

The petitioners are represented by attorneys from Protect Democracy and TechFreedom, along with veteran media lawyer Andrew Jay Schwartzman and former FCC senior staffer Gigi Sohn. Their legal team argues the FCC has a clear obligation to address the petition and that judicial intervention is now necessary.

The News Distortion Policy dates back decades and has long been controversial. Critics argue that any government standard for judging the accuracy or fairness of news content risks infringing on core press freedoms protected by the First Amendment. Proponents of repeal say the policy is outdated, vague, and vulnerable to selective enforcement in today’s politically charged environment.