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

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

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.

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate