Category Archives: broadcasting

First Amendment Updates, 2025-26

FCC’s  Brendan  Carr

PBS defunding reversed — March 31 — A federal judge has permanently blocked the Trump  administration’s  federal funding cuts for National Public Radio and the Public Broadcasting Service.

Pentagon press policy unconstitutional — March 20, 2026 — A federal judge struck down the    Pentagon’s prior restraint press policy from September 2025,  saying that it violated the First and Fifth Amendments to the Constitution.

More ThreatsMarch 14-15 2026  President Trump and FCC chair Brendan Carr threaten to revoke broadcast licenses over what they claim to be  incorrect news items.  This followed a Trump social media post March 14  and March 15  claiming that damage reports from a minor incident were deliberately distorted. “Their terrible reporting is the exact opposite of the actual facts!” Trump wrote. “They are truly sick and demented people that have no idea the damage they cause the United States of America.”  (Note: First Amendment advocates have repeatedly warned that Trump’s “rage rhetoric” is dangerous. )  

Is it constitutional to threaten revocation of licenses?  In NRA v Vullo, a unanimous May 30, 2024 Supreme Court decision, Justice Sotomayor wrote for the court:

A government entity’s threat of invoking legal sanctions and other means of coercion against a third party  to achieve the suppression of disfavored speech violates the First Amendment… Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.  .

Pete Hegseth was not flattered. AFP / Pool photo.

Unflattering photos — March 10 — Defense secretary Pete Hegseth ordered photojournalists barred from Pentagon press conferences. Sources said Hegseth was upset over “unflattering” photos, although its difficult to understand which  might have flattered him in the first place.

Deaths of soldiers only reported to make Trump look bad — March 4 — During a press briefing on March 4, Pete Hegseth claimed that the press was only reporting on the deaths of American soldiers in order to “make the president look bad.”  Despite his time as a Fox news anchor, Hegseth clearly does not understand the role of the media.

Interview blockedFeb 17, 2026 An interview with Texas democratic candidate for senate James Talarico, was blocked from the CBS broadcast of the Late Show with Stephen Colbert under (supposedly) the Equal Time Rule.

Threats — Jan 17, 2026 — The White House threatens a lawsuit against CBS if it edits a  Trump interview.  White House press secretary Karoline Leavitt told a CBS producer that the network news program had to run a full interview with Donald Trump, without edits, or CBS would be sued.  “Not long ago, the notion of a White House press secretary’s casually threatening a lawsuit if a journalist does not obey her orders would be shocking,” the New York Times said in a news article about the threat. “But Mr. Trump has made abundantly clear that he is serious about pursuing legal or regulatory action against media outlets whose coverage displeases him.”

The litigation Trump threatens is nearly always frivolous, capricious, and lacking an any serious merit whatsoever. When not “settled” out of court by media organizations under Justice Department pressure for merger approvals, the suits are thrown out of court.  This is an entirely abnormal and unprecedented use of executive power to oppose the spirit and letter of the First Amendment.

Reporter’s home searched — Jan 13, 2026 — FBI agents executed a search warrant on Washington Post reporter Hannah Natanson, whose beat included a wave of firings and layoff of federal workers. The search may well be illegal under the Privacy Protection Act of 1980.  UPDATE: Feb. 24 — The judge who approved the search warrant chastised prosecutors who did not tell him about the Privacy Protection Act of 1980,  a federal law that limits ex-parte search warrants of newsrooms or reporters working files. Continue reading

Trump brags he’s “reshaping the media”

This astonishing admission of government interference with the press was posted on Trump’s social media account. Trump is openly violating the First Amendment. See @realDonaldTrump March 14, 2026.

More censorship for the Late Show


In a new interpretation of longstanding rules  released Jan. 21, 2026,  the Trump administration’s Federal Communications Commission said that Section 315  “Equal Time Rule”  requirements for news talk programs are in effect unless there is an exemption, which Stephen Colbert does not have.

Under the rule, broadcast media must provide equal time for all politicians running for the same office. If an interview is aired with a democratic candidate for an office,  a similar interview with republican and independent candidates  must also be aired.

The rule was widely interpreted as applying only to advertising, since strict application of US Title 47 Section 315 to news interviews on talk shows would create editorial chaos.

That’s why the law exempts bona-fine news programs and talk shows from the rule. Historically, only a very few talk shows have applied for exemptions;  apparently, the last two were  Anderson Cooper in 2011 and a California talk show in 2006.  These two cases were  considered as examples of a de-facto blanket rule that left talk show editorial decisions to the broadcasters.

What’s new is that now in 2026,  the Trump FCC is changing the rule’s interpretation and applying pressure on CBS:

Concerns have been raised that the industry has taken the Media Bureau’s 2006 staff-level decision to mean that the interview portion of all arguably similar entertainment programs— whether late night or daytime—are exempted from the section 315 equal opportunities requirement under a bona fide news exemption. This is not the case. As noted above, these decisions are fact specific and the exemptions are limited to the program that was the subject of the request.

Attorneys with the CBS network told the Late Show with Stephen Colbert that they were running afoul of the law simply by having politicians on the show.  Colbert says that CBS  ordered  him not to air an interview with James Talarico, a democratic candidate for a US Senate seat in Texas.  So the interview was placed on YouTube, which does not fall under the same broadcast media regulations.

Anna M. Gomez, an FCC commissioner appointed by President Joe Biden in 2023, condemned the censorship of the Colbert show  “This is yet another troubling example of corporate capitulation in the face of this Administration’s broader campaign to censor and control speech,” Gomez said.

Republican-appointed FCC commissioners Brendan Carr and Olivia Trusty supported the new interpretation of the rules.