Policy: Technology

New Obama initiative tramples First Amendment protections

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Politics,Opinion,Byron York,Columnists,Barack Obama,First Amendment,Technology,FCC

The First Amendment says "Congress shall make no law…abridging the freedom of speech, or of the press…" But under the Obama administration, the Federal Communications Commission is planning to send government contractors into the nation's newsrooms to determine whether journalists are producing articles, television reports, Internet content, and commentary that meets the public's "critical information needs." Those "needs" will be defined by the administration, and news outlets that do not comply with the government's standards could face an uncertain future. It's hard to imagine a project more at odds with the First Amendment.

The initiative, known around the agency as "the CIN Study" (pronounced "sin"), is a bit of a mystery even to insiders. "This has never been put to an FCC vote, it was just announced," says Ajit Pai, one of the FCC's five commissioners (and one of its two Republicans). "I've never had any input into the process," adds Pai, who brought the story to the public's attention in a Wall Street Journal column last week.

Advocates promote the project with Obama-esque rhetoric. "This study begins the charting of a course to a more effective delivery of necessary information to all citizens," said FCC commissioner Mignon Clyburn in 2012. Clyburn, daughter of powerful House Democratic Rep. James Clyburn, was appointed to the FCC by President Obama and served as acting chair for part of last year. The FCC, Clyburn said, "must emphatically insist that we leave no American behind when it comes to meeting the needs of those in varied and vibrant communities of our nation -- be they native born, immigrant, disabled, non-English speaking, low-income, or other." (The FCC decided to test the program with a trial run in Ms. Clyburn's home state, South Carolina.)

The FCC commissioned the University of Southern California Annenberg School for Communication & Journalism and the University of Wisconsin-Madison Center for Communication and Democracy to do a study defining what information is "critical" for citizens to have. The scholars decided that "critical information" is information that people need to "live safe and healthy lives" and to "have full access to educational, employment, and business opportunities," among other things.

The study identified eight "critical needs": information about emergencies and risks; health and welfare; education; transportation; economic opportunities; the environment; civic information; and political information.

It's not difficult to see those topics quickly becoming vehicles for political intimidation. In fact, it's difficult to imagine that they wouldn't. For example, might the FCC standards that journalists must meet on the environment look something like the Obama administration's environmental agenda? Might standards on economic opportunity resemble the president's inequality agenda? The same could hold true for the categories of health and welfare and "civic information" -- and pretty much everything else.

"An enterprising regulator could run wild with a lot of these topics," says Pai. "The implicit message to the newsroom is they need to start covering these eight categories in a certain way or otherwise the FCC will go after them."

The FCC awarded a contract for the study to a Maryland-based company called Social Solutions International. In April 2013, Social Solutions presented a proposal outlining a process by which contractors hired by the FCC would interview news editors, reporters, executives and other journalists.

"The purpose of these interviews is to ascertain the process by which stories are selected," the Social Solutions report said, adding that news organizations would be evaluated for "station priorities (for content, production quality, and populations served), perceived station bias, perceived percent of news dedicated to each of the eight CINs, and perceived responsiveness to underserved populations."

There are a lot of scary words for journalists in that paragraph. And not just for broadcasters; the FCC also proposes to regulate newspapers, which it has no authority to do. (Its mission statement says the FCC "regulates interstate and international communications by radio, television, wire, satellite and cable…")

Questioning about the CIN Study began last December, when the four top Republicans on the House Energy and Commerce Committee asked the FCC to justify the project. "The Commission has no business probing the news media's editorial judgment and expertise," the GOP lawmakers wrote, "nor does it have any business in prescribing a set diet of 'critical information.'"

If the FCC goes forward, it's not clear what will happen to news organizations that fall short of the new government standards. Perhaps they will be disciplined. Or perhaps the very threat of investigating their methods will nudge them into compliance with the administration's journalistic agenda. What is sure is that it will be a gross violation of constitutional rights.

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