FCC protections of speech rules just for the record

The FCC and Freedom of Speech.  The First Amendment, as well as Section 326 of the Communications Act, prohibits the Commission from censoring broadcast material and from interfering with freedom of expression in broadcasting.  The Constitution’s protection of free speech includes programming that may be objectionable to many viewers or listeners.  Therefore, the FCC cannot prevent the broadcast of any particular point of view.  In this regard, the Commission has observed that “the public interest is best served by permitting free expression of views.”  However, the right to broadcast material is not absolute.  There are some restrictions on the material that a licensee can broadcast.  These restrictions are discussed below.

Licensee Discretion. Because the Commission cannot dictate to licensees what programming they air, each individual radio and TV station licensee generally has discretion to select what its station broadcasts and to otherwise determine how it can best serve its community of license.  Licensees are responsible for selecting their entertainment programming, as well as programs concerning local issues, news, public affairs, religion, sports events, and other subjects.  As discussed further in this Manual, broadcast licensees must periodically make available detailed information about the programming they air to meet the needs and problems of their communities, which can be found in each station’s public file.  They also decide how their programs will be structured and whether to edit or reschedule material for broadcasting.  In light of the First Amendment and Section 326 of the Communications Act, we do not substitute our judgment for that of the licensee, nor do we advise stations on artistic standards, format, grammar, or the quality of their programming.  Licensees also have broad discretion regarding commercials, with the exception of those for political candidates during an election, and the limitations on advertisements aired during children’s programming.

Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions.  The First Amendment's guarantee of freedom of speech similarly protects programming that stereotypes or may otherwise offend people with regard to their religion, race, national background, gender, or other characteristics.  It also protects broadcasts that criticize or ridicule established customs and institutions, including the government and its officials. The Commission recognizes that, under our Constitution, people must be free to say things that the majority may abhor, not only what most people may find tolerable or congenial.  However, if you are offended by a station’s programming, we urge you to make your concerns known in writing to the station licensee.

Programming Access.  In light of their discretion to formulate their programming, station licensees are not required to broadcast everything that is offered or otherwise suggested to them.  Except as required by the Communications Act, including the use of stations by candidates for public office, licensees have no obligation to allow any particular person or group to participate in a broadcast or to present that person or group’s remarks.

News Distortion.  The Commission often receives complaints concerning broadcast journalism, such as allegations that stations have aired inaccurate or one-sided news reports or comments, covered stories inadequately, or overly dramatized the events that they cover.  For the reasons noted previously, the Commission generally will not intervene in these cases because it would be inconsistent with the First Amendment to replace the journalistic judgment of licensees with our own.  However, as public trustees, broadcast licensees may not intentionally distort the news.  The FCC has stated that “rigging or slanting the news is a most heinous act against the public interest.”  The Commission will investigate a STATION for news distortion if it receives documented evidence of rigging or slanting, such as testimony or other documentation, from individuals with direct personal knowledge that a licensee or its management engaged in the intentional falsification of the news.  Of particular concern would be evidence of the direction to employees from station management to falsify the news.  However, absent such a compelling showing, the Commission will not intervene.