Gigi Sohn: Fox’s Lies and the FCC's Duty to Protect Democracy

Four years ago today, our democracy faced one of its darkest moments as insurrectionists stormed the United States Capitol, determined to overturn the results of a free and fair election.

The violence displayed that day shocked the nation, but its seeds had been planted months earlier, nurtured by a relentless stream of falsehoods spread by Rupert and Lachlan Murdoch and their media empire, most prominently Fox News.

A court of law in Dominion, Inc. v. Fox News Network, LLC  found that it was “CRYSTAL clear” that some of Fox’s statements about the election were false. In his 80-page opinion, Judge Eric Davis flatly denied Fox’s defense that its opinion shows deserved greater First Amendment protections, and highlighted private conversations between Fox executives, including Rupert Murdoch, who feared losing viewers by providing truthful and accurate reporting about the 2020 election.

Despite these facts, the new administration is weeks away from celebrating the Murdochs and thousands of January 6th co-conspirators as heroes while preparing to weaponize the Federal Communications Commission against other networks the president-elect perceives as enemies. Trump and his allies have threatened networks like ABC, NBC, and CBS for perceived slights, and selective attacks on certain news organizations have become a top priority for the incoming administration.

The current FCC has an opportunity to protect broadcast networks from politically motivated attacks while reaffirming the importance of character for broadcast licensees like Fox, who are “trustees” of the public’s airwaves. Even the soon-to-be FCC Chair, Brendan Carr, has highlighted the importance of holding broadcast licensees to their public interest obligations. In a December CNBC interview, he said, “the law is very clear,” and “the Communications Act says you have to operate in the public interest.” I couldn’t agree more.

Never in the FCC’s history has it faced a license renewal application from a broadcaster whose parent company was found by a court of law to have broadcast false news. The FCC has a statutory duty to ensure that broadcast licensees operate in the public interest. The Media and Democracy Project (MAD) has given the FCC a clear path to do so.

The group filed a petition urging the FCC to deny the broadcast license renewal for Fox’s corporate-owned Philadelphia affiliate. The petition and subsequent filings by a bipartisan group of former FCC Commissioners and industry experts build off the opinion of Judge Davis in the Dominion case. MAD lays out a compelling case that the actions of Fox’s executives represent a severe breach of the FCC’s policy on broadcast licensee character qualifications. It outlines how Fox’s conduct is so egregious that it “shocks the conscience,” an FCC term of art used to describe serious misconduct.

MAD’s petition focuses entirely on the conduct of Fox’s most senior management, not protected speech. The organization relied on the court’s opinion, which concluded that the statements aired on Fox News about Dominion were not true. At the time, the Commission took notice and opened the question for public comment. But it hasn’t acted. That petition was filed 550 days ago.

The FCC must send this case to an Administrative Law Judge for a full hearing on whether Fox’s Philadelphia licenses should be renewed given the court’s determination. A failure to act would set a dangerous precedent, signaling that broadcast licensees are above the law so long as they align with those in power. Upholding the public interest means holding Rupert and Lachlan Murdoch accountable for using their media empire to undermine democracy in favor of their profits.

This is also a pivotal moment for FCC Chairwoman Jessica Rosenworcel. By designating MAD’s petition for a hearing, Rosenworcel can establish a bright-line test for what constitutes a breach of the public trust. This is not just about Fox; it’s about ensuring that all broadcasters—regardless of political affiliation—are held to the same standard. Resistance to the President-elect’s politically motivated and selective persecution of the free press must begin here. Acting on this petition may be the single most important thing that the Chairwoman accomplishes during her tenure.

At least three times in less than two years, courts have found that the Murdochs and Fox have acted in bad faith, spread misinformation, and engaged in conduct that in my opinion encouraged an insurrection. The January 6th attack was a wake-up call. Now, the FCC must do its part to protect the public from broadcast licensees who abuse their platform to spread lies. This is a matter that the new FCC leadership should not simply dismiss out of hand, particularly given the Chair-designee's recognition that broadcasters are public trustees.

For the sake of our democracy, it is time for the Commission to act.

Correction: This Expert Opinion has been changed from its original version. The word “knowingly” was deleted twice: “knowingly false” was changed to “false,” and “knowingly broadcast false news” was changed to “broadcast false news.”

Gigi Sohn is a former Biden FCC Nominee, and a Senior Fellow and Public Advocate at the Benton Institute for Broadband and Society. This Expert Opinion is exclusive to Broadband Breakfast.

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