ITIF - The Information Technology and Innovation Foundation
04/28/2026 | Press release | Distributed by Public on 04/28/2026 11:47
FCC Regulation of Disfavored Speech Is Unconstitutional, Says ITIF
WASHINGTON-Following a report that the Federal Communications Commission will order early reviews of eight Disney-owned ABC stations, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, released the following statement from Joe Kane, ITIF's director of broadband and spectrum policy:
It is unconstitutional for the FCC to take regulatory action against a broadcaster for broadcasting disfavored speech. License reviews should be content neutral. The FCC's role is to provide technical expertise on issues like interference, not to police speech.For more on this issue, see:
- Joe Kane, "Chairman Carr's Legal Theory of Content Regulation Is More Developed, but Still Wrong," ITIF Innovation Files commentary, March 17, 2026.
- Joe Kane, "Expression Over Radio Waves Is Not Exempt from the First Amendment," Federalist Society, February 11, 2025.
ITIF - The Information Technology and Innovation Foundation published this content on April 28, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on April 28, 2026 at 17:47 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]