Around the Water Cooler

On June 29, the U.S. Supreme Court held in a 6-3 decision in Trump v. Slaughter that the president may fire commissioners at independent agencies. Rebecca Slaughter was fired as a commissioner at the Federal Trade Commission last year. Many have been watching closely to see whether FCC Commissioner Anna Gomez is next.

The president called the decision a “BIG WIN” for presidential power, underscoring the likelihood of big political swings inside independent agencies Congress created years ago. Gomez released a statement, saying:

“Independent agencies exist to make decisions based on facts and the law.... [W]hen commissioners can be removed for their policy views rather than for cause, the inevitable result is an agency that pulls its punches and defers to political winds rather than the record before it. … we are already seeing what political control of this agency looks like in practice, through investigations targeting broadcasters and government critics for coverage this administration finds unfavorable.” — FCC Commissioner Anna Gomez

At least one justice was concerned that the decision expanded presidential powers over agencies, except for the Federal Reserve Board, that could quickly turn political. Justice Neil Gorsuch wrote a concurring opinion, but he also had words of caution.

In other words, the FCC’s recent harassment of Jimmy Kimmel, ABC, and its parent company, Disney, did not gone unnoticed by Gorsuch and the high court. Meanwhile, the FCC dismissed a Petition for Special Relief that activists filed against the ‘news distortion’ policy that FCC Chairman Brendan Carr has been deploying against the president’s critics.

The Broadcast Law blog promises more coverage on the implications and potential impact of this decision in the coming week. We will post updates.

The conservative-leaning American Enterprise Institute is hosting a conversation with Arpan Sura, senior counsel with the FCC, to talk about AI policy, FCC rule-making, spectrum allocation, and more in a live, online chat on Wednesday, July 8. More information in the YouTube link below.

The Arkansas Times reports that the state’s PBS affiliate has pulled PBS news shows from its schedule even after viewers raised millions to keep PBS on the air in Arkansas, suggesting that Gov. Sarah Huckabee Sanders likely got what she wanted.

The Broadcast Law Blog has a nice in-depth follow-up piece on the new FCC order to secure your station’s emergency alert system.

REC Networks has a timeline and tips for the new, delayed application window for FM translators.