The study of newsroom content decisions in order to forge a case for changing ownership regulations is surely a fool’s errand. The barriers to diverse ownership are totally unrelated to decisions made in newsrooms, and even if data to that effect could be concocted, free press protections would keep the FCC from enacting regulations based on it. The barriers to media ownership today are structural and capital related, and that goes for all smaller investors — women, minority or otherwise.
While this CIN study was ill advised, some of the hair-on-fire reactions to it were, in the words of Indiana University telecommunications professor Mike McGregor, “outrageously misleading.” Some critics, including Pai and Upton, claimed the study was a first step toward reinstating the so-called Fairness Doctrine. “I don’t see this as a possible avenue back to the F.D. I don’t know of anyone — at least in the Obama administration — who’s seriously interested in this,” McGregor wrote in an email.
Some pundits worried the FCC could use newsroom surveillance to revoke broadcasters’ licenses. But the FCC hasn’t revoked a license for content matters in more than 50 years. “There’s absolutely no possibility that a station would have lost its license over this programming inquiry,” wrote McGregor, himself a former FCC attorney.
A Fox News host fretted the FCC could come into the newsroom to dictate news coverage to FNC producers, apparently overlooking the fact the FCC has no jurisdiction over cable or network operations. While such shrill reactions were over the top, this is the kind of paranoia that happens when a government agency starts meddling in free expression.
In backing away from the CIN study, Wheeler said in a statement, “Any suggestion that the FCC intends to regulate the speech of news … is false.” Clyburn said in prepared remarks, “I would never be part of any effort to chill speech, shape the news or influence news gatherers.” If that’s the case, the question then becomes why would they even consider such an intrusive study into the journalistic process, the effects of which would, indeed, chill news decision-making. It is this lack of First Amendment understanding the FCC must still explain to journalists and the American people.
Jeffrey M. McCall is a professor of communication at DePauw University, Greencastle. Contact him at email@example.com.