Donald Trump is rapidly appointing key figures to his new administration, including Brendan Carr as head of the FCC. Carr, a proponent of free speech, aims to reshape the FCC’s role, particularly concerning tech companies. Despite concerns about potential media bias and censorship, his authority is limited by First Amendment protections. While Republicans express frustration over perceived censorship on social media, the FCC’s capacity to challenge tech giants remains uncertain, and market reactions indicate skepticism regarding significant regulatory changes.
The Rapid Appointments of Trump’s New Administration
Donald Trump is moving swiftly to fill essential roles within his new administration, continuing to choose figures that spark debate and controversy. His latest appointment of Brendan Carr as the president of the Federal Communications Commission (FCC) has raised eyebrows among critics and supporters alike.
Brendan Carr’s Vision for the FCC
In a statement, Trump hailed Carr as a “warrior for free speech,” which has led to concerns that Carr, with Trump’s backing, may transform the FCC into a mechanism for targeting tech giants and media outlets that oppose the former president. Nonetheless, the independence of the media in the United States is firmly established, casting doubt on whether the FCC could genuinely threaten this freedom, even if that were Trump’s intention.
Brendan Carr, a seasoned media lawyer, has been with the FCC since 2012, initially serving as a legal advisor before ascending to leadership in 2017. He has a history of advocating for high-speed internet access in rural areas. Recently, however, Carr has expressed a desire to expand the FCC’s role significantly. He contributed to a chapter on FCC reforms for the contentious “Project 2025,” asserting that the agency should promote free speech by curbing the influence of Big Tech.
“Project 2025,” spearheaded by the Heritage Foundation, aims to provide a conservative agenda for Trump’s potential second term, blending moderate and more radical ideas. While Democrats have sought to link Trump to the more extreme elements of this initiative, he has attempted to distance himself from those aspects verbally.
Shortly after his appointment, Carr indicated on the platform X that he intends to implement significant changes at the FCC, stating, “We need to dismantle the censorship cartel and restore the right to free speech for ordinary Americans.” Elon Musk quickly voiced his support in response.
Carr’s appointment suggests that Trump is aligned with his reform ideas regarding the tech industry. However, it remains uncertain how Carr, in his role as FCC chief, will navigate the regulatory environment for media outlets that are critical of Trump.
Carr emphasized on X that broadcast media have a responsibility to serve the public interest in exchange for using the valuable resource of airwaves. He asserted that the FCC would enforce this obligation once his vision for transformation is realized.
Trump has previously expressed the desire to revoke broadcasting licenses from networks like ABC and CBS due to their perceived biased reporting. Recent campaign coverage, particularly a lengthy interview with Democratic candidate Kamala Harris aired by CBS, has also drawn Trump’s ire, with Republicans accusing the network of editing the interview to favor Harris.
During his initial term, Trump made attempts, albeit largely unsuccessful, to leverage antitrust laws against unfavorable media. His administration’s regulators challenged the merger between AT&T and Time Warner, which includes CNN, a network Trump has frequently criticized. However, the Justice Department ultimately lost the lawsuit, allowing the merger to proceed.
Despite Trump’s efforts, the independence of American media remained intact throughout his presidency. In fact, major left-leaning outlets like the “New York Times” and “Washington Post” saw a surge in subscribers during this period, while television networks maintained their critical stance.
The FCC has primarily focused on technical regulation, overseeing various communication methods across the United States, including radio, satellite, television, and cable networks. Recently, it played a crucial role in advancing the nation’s mobile network to 5G standards. The president appoints five FCC members, who are confirmed by the Senate for five-year terms. Traditionally, the president’s party holds three of the five seats, including the chairmanship.
While the FCC can revoke broadcasting licenses under specific conditions, it cannot do so based on unfavorable news coverage, as free speech is enshrined in the First Amendment. However, the FCC could create hurdles for media companies it views unfavorably, as it has the authority to approve or deny broadcasting licenses.
Brendan Carr’s leadership may signify a shift for large tech companies, as he has indicated a desire to expand the agency’s influence over them. Currently, social media platforms like Facebook and Instagram do not fall under FCC jurisdiction, as they are not classified as communication services requiring broadcasting licenses.
Carr’s essay for “Project 2025” highlighted concerns about a few corporations dictating the information landscape and consumer choices. He criticized these corporations for not only wielding market power but also abusing their dominant positions.
Many Republicans have expressed frustration with how social networks manage posts from right-leaning users, often claiming that such content is either heavily censored or reaches limited audiences. Understanding the dynamics of content distribution on these platforms, including X under Elon Musk’s management, has proven challenging.
However, Carr and Trump cannot single-handedly revolutionize the FCC. With around 1,500 employees, the agency is relatively small compared to others, like the Environmental Protection Agency (EPA), which has ten times as many staff members. Should the FCC be tasked with new responsibilities, such as overseeing social networks, Congress would need to allocate additional resources, and its decisions could face judicial scrutiny.
So far, market investors seem unconvinced that the FCC under Carr’s leadership will pose a significant threat to tech giants, as evidenced by the minimal changes in stock prices for companies like Meta and Alphabet, Google’s parent company, following the announcement.
During the Biden administration, tech companies have faced scrutiny from federal authorities, though not from the FCC. Instead, the focus has been on antitrust regulators like the Federal Trade Commission (FTC) and the Justice Department’s antitrust division. Trump is expected to replace the current FTC and Justice Department heads, though their successors have yet to be announced.
Media reports suggest that a close associate of Vice President-elect J.D. Vance is tasked with selecting a new FTC chair. Vance has previously voiced strong criticisms of tech giants, indicating that the FTC may remain vigilant toward Silicon Valley under Trump’s leadership.