FCC Chairman Brendan Carr said Thursday his actions against broadcast networks are based on precedents set by former FCC Chairwoman Jessica Rosenworcel, and his views on free speech and the role of the FCC have been consistent throughout his time there.
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Social media platforms are facing intense scrutiny over how they collect, share and monetize user data. As new state and federal laws focus on age verification, parental controls and transparency requirements, social media companies face legal risks around algorithmic targeting, third-party tracking and children's safety. This page follows key legislation, investigations and lawsuits shaping privacy practices for major social platforms.
FCC Chairman Brendan Carr said Thursday that staffing changes are coming to the FCC and that Elon Musk’s Department of Government Efficiency is likely headed to the agency. Democratic Commissioner Anna Gomez warned about the Donald Trump administration’s continuing moves against the federal workforce. Commissioners agreed on three wireless items (see 2502270042) and Calm Act rules at the meeting, as well as taking additional steps on robocalls.
FCC Commissioner Anna Gomez’s criticism of potential FCC action on Section 230 of the Communications Decency Act “would be more credible” if she had ever expressed concern or regret about former President Joe Biden’s administration “bullying” social media companies, said Free State Foundation CEO Randolph May in a blog post Tuesday. Any FCC action on 230 “would be done in an open manner and be subject to public scrutiny,” May wrote. “Of course, this is much different than the hidden behind closed door efforts of the Biden administration that took place via private emails and telephone conversations.” The U.S. Supreme Court’s rolling back of Chevron deference also means courts “likely won’t simply defer to the FCC’s views,” he said. “I would find Ms. Gomez['s] professions of alarm regarding her claims of ‘bullying’ more persuasive had she sounded the alarm bells regarding the previous administration's content suppression efforts.”
An FCC advisory opinion on Section 230 of the Communications Decency Act would be “a fool's errand” and should be “DOA,” Commissioner Anna Gomez said Sunday in a thread on X responding to a New York Post report that FCC Chairman Brendan Carr is planning to act on 230 soon. “The FCC should not be in the business of controlling online speech,” Gomez said. “Congress and the courts must quickly step in to stop this unlawful power grab.”
Sen. Ed Markey, D-Mass., told us last week that he voted against advancing the Kids Off Social Media Act (S-278) out of the Senate Commerce Committee earlier this month (see 2502050052) because he wanted to put a “place marker” down to ensure there’s a broader discussion about the FCC’s E-rate program. S-278 would expand the Children’s Internet Protection Act, an FCC-enforced statute aimed at protecting children’s data in schools and preventing access to harmful online content. “I just wanted to put down my place marker because I am very concerned about E-rate,” Markey said, adding that he has concerns about the Trump administration’s approach to the subsidy program and wants to discuss the “totality” of it.
House Judiciary Committee ranking member Jamie Raskin of Maryland, other panel Democrats and Free Press co-CEO Craig Aaron used a Wednesday hearing aimed at reviewing instances of claimed Biden administration censorship to lambaste Republican FCC Chairman Brendan Carr for ordering a string of investigations against U.S. broadcasters. The probes, launched since Carr took office Jan. 20, thus far focus on broadcasters that have aired content critical of President Donald Trump or otherwise face claims of pro-Democratic Party bias, though Carr has, in some cases, framed the scrutiny as focused on other matters (see 2502110063). House Judiciary Democrats also sharply criticized X owner Elon Musk for actions on the social media platform that they view as censorship of anti-Trump content.
Expect big changes to BEAD, with the Donald Trump administration and congressional Republicans rewriting the rules and putting more emphasis on efficient use of funding, tech policy experts said Tuesday at the annual State of the Net conference. Consultant Mike O'Rielly, a former FCC commissioner, said NTIA isn't likely to process any state's final proposals in the near term as it awaits where the administration and Congress take BEAD. States must be flexible and ready to pivot once that new direction becomes clear, he added.
The FCC doesn’t have as much power as Chairman Brendan Carr thinks it does and is likely to be corrected by the courts, former FCC Chief Counsel Robert Corn-Revere wrote in a column for the Columbia Journalism Review last week. Framed as a letter to Carr, the column is called “A Plea for Institutional Modesty.” Now chief counsel for the Foundation for Individual Rights and Expression, Corn-Revere served under acting FCC Commissioner James Quello, a moderate Democrat. “If I were your adviser, this is not how I would want history to remember you,” Corn-Revere wrote, calling Carr’s first weeks as chairman “jarring” when compared with his past statements as a commissioner on free speech and the role of the FCC. The U.S. Supreme Court has ruled that the FCC’s rules don’t give it authority over the types of programming broadcasters can offer, Corn-Revere noted. “In 2025, any aggressive action by the FCC to regulate broadcast programming would provide an opportunity to challenge whatever remains of the public interest standard as a reason to treat broadcasters differently from other media,” he said. “FCC meddling in editorial decisions regarding political coverage and news judgment would provide an easy case for limiting the FCC’s authority.” Corn-Revere also wrote that Carr can’t get around the limits on FCC authority by exerting informal pressure on entities or “jawboning.” The U.S. Court of Appeals for the D.C. Circuit “is keenly aware that the FCC can abuse its authority in this way and has limited ‘raised eyebrow’ tactics in past cases,” he said, adding that SCOTUS has also recently reaffirmed that government officials violate the First Amendment by using threats to restrict speech. “Bottom line, given your position, writing threatening letters may be enough to get you into constitutional hot water.” Governmental officials “who have tried to use their power to muzzle the press for short-term political gain have not been treated well by history.” You swore an oath "to uphold the Constitution and laws of the United States, and you know very well how these things work. You might at least consider not actively reinforcing uninformed social media rants.” The FCC didn’t comment.
Senate Commerce Committee Chairman Ted Cruz, R-Texas, acknowledged Wednesday that newly announced NTIA administrator nominee Arielle Roth may draw panel Democrats’ ire during her confirmation process over potential changes from the Trump administration and Congress to the $42.5 billion NTIA-administered BEAD program. Senate Commerce advanced commerce secretary nominee Howard Lutnick to the floor 16-12 Wednesday, as expected (see 2502040056), against near-uniform Democratic opposition aimed in part at his positions on BEAD. The panel also cleared a revised version of the AM Radio for Every Vehicle Act (S-315) and three other tech and telecom bills: the Rural Broadband Protection Act (S-98), Insure Cybersecurity Act (S-245) and Kids Off Social Media Act (S-278).
Law professor Adam Candeub, who was an attorney in the FCC's Media and Common Carrier bureaus as well as acting NTIA head, is returning to the commission as general counsel. Candeub brings with him strong criticisms of Big Tech. In response to a post on X about Candeub not being the GC that Big Tech executives would have preferred, FCC Chairman Brendan Carr replied that the agency "will work to dismantle the censorship cartel and restore free speech rights to everyday Americans." He added: "I look forward to Adam Candeub serving as the FCC's General Counsel. He is going to do great things!"