Deportations, Media, and the FCC: A Constitutional Clash

Recently, a prominent political figure (the president) has called upon the Federal Communications Commission (FCC) to revoke the broadcast license of a major television network. The catalyst? A report aired on a renowned investigative journalism program that scrutinized the administration's deportation practices.

Let's unpack the contents of that report.

The investigative piece revealed that 238 Venezuelan men were deported from Texas to El Salvador's maximum-security prison, known as the Center for Terrorism Confinement (CECOT). Notably, 75% of these individuals had no apparent criminal records. Among them was a gay asylum seeker, deported without a court hearing, based solely on tattoos and social media posts, evidence deemed tenuous at best. The administration justified these actions by invoking the 1798 Alien Enemies Act, aiming to expedite removals of those suspected of gang affiliations. However, critics argue that the evidence used was often flimsy, leading to wrongful deportations and raising serious human rights concerns.

In response to the airing of this report, the political figure in question labeled it as "fake news" and urged the FCC to revoke the network's license. This brings us to a critical question: Can the FCC act on such a request?

To answer this, we need to understand the FCC's role. The FCC licenses individual broadcast stations, not entire networks. Its mandate is to ensure that stations serve the public interest, but it does not have the authority to revoke licenses based on content. The First Amendment protects freedom of the press, and the FCC cannot censor or punish stations for their editorial choices. Past FCC chairs have emphasized that the agency lacks the power to revoke a license over disagreements with a station's news coverage.

In essence, while political figures may express dissatisfaction with media coverage, the FCC operates independently and is bound by laws that uphold press freedom. Attempts to leverage the FCC against media outlets not only misunderstand the agency's authority but also challenge the foundational principles of our democracy.