Brendan Carr, chairman of the Federal Communications Commission, celebrated an FCC court loss yesterday after a statement that brought down the requirements for diversity of Diversity from the Biden era that Carr vote against while Democrats were in charge.
“A Court of Appeal has just taken down the decision of the Biden FCC in 2024 to force broadcasters to post racing and gender censes,” Carr written. “As I said in my different opinion, the decision of the FCC 2024 was an illegal effort to put pressure on companies in discrimination based on race and gender.”
The FCC mandate was challenged in court by national religious broadcasters, a group for Christian TV and radio broadcasters and the American Family Association. They complained in the conservative American court of appeal for the 5th circuit, where a panel with three judges yesterday ruled Unanimous against the FCC.
The FCC command that was made by the court required broadcasters to submit an annual form with race, ethnicity and sex data for employees within specified job categories. “The Federal Communications Commission has issued an order that required the most television and radio broadcasters to put together employment demographic data and to make the data known to the FCC, which will then post the agency on its website on a broadcastable basis,” said the 5th Circuithof.
The FCCs February 2024 sequence New life revived a requirement for data collection that was previously enforced from 1970 to 2001. The FCC suspended The data collection in 2001 after judgments of the court that limits how the committee could use the data, although the data collection itself turned out not to be unconstitutional.
FCC’s Public Interest Authority is not enough, the court says
Led by the then chairman Jessica Rosenworcel, the FCC said last year that reviving the data collection would serve the public interest by helping the agency “reporting over and analyzing the employment trends in the temporary employment sector and also comparing trends in other sectors that have been regulated by the committee.”
But the authority of the FCC’s Public-Interest is not enough to justify the rule, the 5th circuit judges found.
“The FCC undoubtedly has a broad authority to act in the public interest,” said the statement. “However, that authority must be linked” to a clear grant of authority “in its articles of association. The FCC has not shown that it is authorized to require broadcasters to submit employment demographic data or to analyze trends in industry, so it cannot fall back on ‘public interest’ to fill the gap.”
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