Why Trump Can’t Actually Kick the Networks Off the Air

But his threat to take licenses from TV networks could run afoul of free speech protections.

President Donald Trump meets with former Secretary of State Henry Kissinger at the White House, Oct. 10, 2017.Evan Vucci/AP

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President Donald Trump threatened on Wednesday to revoke the licenses of TV networks such as NBC and CNN whom he accuses of promulgating fake and unfair stories about him. The threat, in the form of a tweet, does not appear well-researched, as it’s virtually impossible for Trump to use the federal government to take licenses from networks he disagrees with. But First Amendment advocates caution that what looks like an empty threat could violate free-speech protections.

Were Trump to try to follow through on his threat, it’s unclear how he might proceed. The Federal Communications Commission (FCC) is in charge of regulating communications via TV, radio, and other media. The FCC is an independent federal agency whose members are appointed to five-year terms, and the current commissioners are unlikely to carry out the president’s war with the media: The FCC’s chairman, Agit Pai, is known for having a pro-corporate agenda, not one of sinking networks by kicking them off the air. Glen Robinson, who served as an FCC commissioner in the 1970s, says he doesn’t think Pai “would be stupid enough to act on Trump’s temper tantrum.”

If Trump somehow convinced the commissioners to act on his political vendetta, it’s not obvious how they would do it. As Politico reported, the FCC does not license networks, as Trump implies. Instead, it grants eight-year licenses to local stations. Some stations are owned by Comcast, the parent company of NBC, but much of NBC is run through local affiliates owned by other companies. 

Should the FCC decide to retaliate against every local license-holder that broadcasts NBC or another network the president is feuding with, it would run up against its own processes. The FCC allows local competitors and residents to contest license renewal applications, and the grounds for denying a renewal are narrow, requiring that the station violate FCC rules. “Comcast knows full well that the FCC will never, ever, deny its license renewal applications,” Andrew Jay Schwartzman, an expert in telecommunications law at Georgetown University Law Center, told CNN.

Still, civil liberties advocates see the president’s threats—however difficult to carry out—as a chilling attack on free speech. Jameel Jaffer, founding director of the Knight First Amendment Institute at Columbia University, responded on Twitter that the president does not need to execute his threat in order to have violated the First Amendment.

As Jaffer tweeted, there is Supreme Court precedent to suggest that the government does not need to go so far as to revoke licenses to violate First Amendment free speech protections against coercion. It’s unclear where that line is—just how credible a threat must be before the courts would get involved. But the chance that Trump is flouting the Constitution may be greater than the risk that he can actually follow through on his threat.

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

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