FCC SHUT DOWN – Court BLOCKS Diversity Mandate!

The Fifth Circuit Court of Appeals delivered a blow to government overreach by striking down the FCC’s mandate for broadcasters to report workforce diversity data.

At a Glance

• The FCC’s attempt to collect annual employment data from broadcasters has been blocked.
• The court ruled that the FCC exceeded its legal authority with Form 395-B.
• The court found insufficient justification for the FCC’s data collection requirement.
• The FCC’s mandate violated broadcasters’ rights, according to religious groups.

Court Rules Against FCC’s Diversity Mandate

The Fifth Circuit Court of Appeals struck down the Federal Communications Commission’s 2024 mandate requiring broadcasters to file workforce diversity reports. The court deemed the FCC’s requirements, outlined in Form 395-B, as going beyond its jurisdiction, lacking Congressional authority or legislative backing. Broadcasters, particularly in New Orleans, challenged the mandate, leading to this landmark decision in favor of limited government power and broadcaster rights.

FCC intended to collect data on race, ethnicity, and gender to analyze diversity in the broadcast industry, but the court found these actions unsupported by statutory authority. Public interest alone was insufficient to justify such sweeping measures. The FCC previously paused similar requirements in 2001 due to a ruling on equal employment opportunity standards, but attempted to reactivate them in 2024.

Broadcasters Applaud Overreach Prevention

Broadcasters across America, including the Texas Association of Broadcasters, expressed relief as the court sided against regulatory overreach. Religious organizations argued the FCC’s diverse mandate infringed on First and Fifth Amendment rights, particularly because of a “non-binary” gender option. The court’s ruling did not dwell on these constitutional issues due to the FCC’s apparent lack of authority, highlighting a defense of fundamental rights.

“Texas broadcasters are immensely pleased with the outcome of this ruling” – TAB President Oscar Rodriguez.

The Fifth Circuit Court’s stance marks a continuation of the status quo post-2001, where the FCC’s ability to collect demographic data was already curbed. Importantly, the FCC has chosen not to appeal this decision, with support for the verdict coming from FCC Chair Brendan Carr, whose earlier dissent highlighted the unlawful nature of the 2024 efforts. The National Religious Broadcasters praised this as a defense of free speech.

Legislative Boundaries Reaffirmed

The 1992 Cable Television Consumer Protection and Competition Act had been cited by the FCC as a source of authority for Form 395-B, but this was insufficient to legitimize the mandate. Circuit Judge Jennifer Walker Elrod articulated that while the FCC’s ability to act in public interest is broad, it cannot extend this to unsanctioned actions. Without specific Congressional authorization, such measures remain outside the FCC’s remit.

“While its authority to act in the public interest is broad, the FCC cannot invoke public interest to expand the scope of its authority to act in ways Congress has not authorized it to act.” – Circuit Judge Jennifer Walker Elrod.

This ruling effectively ends an attempt to impose diversity reporting requirements on broadcasters without due legislative support, reinforcing the principles of limited government power and individual liberty for broadcasters nationwide.