S. 867

119 S867 IS: Broadcast Freedom and Independence Act of 2025
 U.S. Senate
 2025-03-05
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 EN
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 II  119th CONGRESS  1st Session  S. 867  IN THE SENATE OF THE UNITED STATES   March 5, 2025   Mr. Luján  (for himself,  Ms. Rosen , and  Mr. Markey ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To amend the Communications Act of 1934 to clarify that the Federal Communications Commission may not take action against a broadcast licensee or any other person on the basis of viewpoint, and for other purposes.
1.
Short title
This Act may be cited as the   Broadcast Freedom and Independence Act of 2025  .
2.
Findings
Congress finds the following:
(1)
The Federal Communications Commission (in this section referred to as the  FCC ) was established as an independent agency by the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) for the purpose of  regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges… .
(2)
Commissioners at the FCC, an independent agency, are confirmed by Congress for specified terms and the President does not have the power to remove them at will.
(3)
The independence of the FCC is paramount to the FCC carrying out its mission without political pressure or intimidation.
(4)
The FCC’s priorities and agenda must be set by the FCC without undue influence from the President or any advisors to the President who do not work for the FCC.
(5)
As established in section 326 of the Communications Act of 1934 ( 47 U.S.C. 326 ), nothing in the FCC’s authority  shall be understood or construed to give the Commission the power of censorship over the radio communications or signals transmitted by any radio station, and no regulation or condition shall be promulgated or fixed by the Commission which shall interfere with the right of free speech by means of radio communication .
(6)
Investigations and threats of Commission action or inaction must not be used to suppress certain viewpoints or intimidate broadcast licensees into aligning with any political agenda.
3.
Viewpoint protection
Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following:
14.
Viewpoint protection
(a)
Prohibition against retaliation on basis of viewpoint
The Commission may not revoke any license or other authorization of, or otherwise take action against, any person on the basis, in whole or in part, of viewpoints broadcast or otherwise disseminated by that person or any person affiliated with that person.
(b)
Prohibition against conditions on viewpoint in transaction review
The Commission may not place on any approval under subsections (a), (b), and (c) of section 214 or section 310(d) any condition with respect to viewpoints broadcast or otherwise disseminated by the person seeking that approval, any successor of that person, or any person affiliated with that person or successor.
(c)
No effect on certain other authority of Commission
Nothing in this section shall be construed to affect the authority of the Commission to take action on the basis of, or to place a condition on an approval described in subsection (b) with respect to—
(1)
a violation of—
(A)
section 1304 of title 18, United States Code, or conduct that would constitute a violation of that section if content disseminated by means other than radio or television broadcast were disseminated by means of radio or television broadcast;
(B)
section 1343 of title 18, United States Code; or
(C)
section 1464 of title 18, United States Code, or conduct that would constitute a violation of that section if content disseminated by means other than radio communication were disseminated by means of radio communication; or
(2)
the broadcast or other dissemination of content that constitutes incitement under the First Amendment to the Constitution of the United States.
 .