Speech Wins

Another win for free speech:

The U.S. Court of Appeals for the Fifth Circuit vacated a Federal Communications Commission (FCC) “workforce diversity” rule from 2024 in response to lawsuits from the National Religious Broadcasters and other groups that argued the regulation violated constitutional rights. Trump-appointed FCC Chairman Brendan Carr celebrated the ruling as he continues his broader push to end left-wing policies at an agency with significant control over America’s airwaves. “The FCC’s 2024 decision was an unlawful effort to pressure businesses into discriminating based on race & gender,” Carr declared in a Monday X post. He said the rule required broadcasters to post “race and gender scorecards.” As Carr referenced, the FCC policy would have required most broadcasters to file a report with the agency detailing their staff demographics each year or face potential enforcement actions. The National Religious Broadcasters, American Family Association and Texas Association of Broadcasters argued in court that the FCC order violated the Equal Protection and Free Speech Clauses of the Constitution, and that the regulation went beyond the authority Congress has granted the agency. The plaintiffs argued that the rule was “arbitrary and capricious,” a phrase often used to describe regulations that violate the Administrative Procedures Act. The court determined that the rule exceeded the FCC’s statutory authority, declining to rule on the other claims. “This ruling helps ensure that the government cannot create a backdoor to control broadcasters through public intimidation, misuse private data against them, or interfere with the sacred and constitutionally protected mission of religious broadcasters,” National Religious Broadcasters President and CEO Troy Miller said in a Wednesday press release.

No censorship allowed...