Government & Communications

President Donald Trump's war of words with the press escalated again when he suggested challenging, or revoking, the broadcasting licenses of stations that air network news programming. The response from the chair of the Federal Communications Commission: silence.

Chairman Ajit Pai could probably calm the industry and people across the political spectrum by assuring them that the agency won't violate democratic norms by targeting stations for political reasons. But thus far he hasn't issued an official statement or even a tweet about the president's tweets. "I think Chairman Pai is precariously balancing his desire not to anger the president with his desire not to anger the broadcast industry, which he has assiduously courted," says former FCC special counsel Gigi Sohn. "He certainly doesn’t want to attract the president’s ire."

While key White House technology leadership positions remain unfilled, President Donald Trump’s technology office is looking for ways to bring business professionals into government for short-term projects. The Office of American Innovation, a new office Trump established to update federal technology, could model some of its recruitment efforts after digitally focused teams founded under Barack Obama. The US Digital Service, which troubleshoots major government projects, and 18F, a digital consultancy, both hire heavily from private sector tech companies including Facebook, Twitter, Amazon and Google. Chris Liddell, one of the members of the Office of American Innovation, would “love to see us move further and faster, [with] more creative ways of getting people in for particular tours of duty,” he said. Those periods could be as short as 10 days or up to two years, he explained.

[Commentary] Rage against the media is political Wagyu for the president’s base. And Trump’s notion of suspending television networks’ licenses — along with his proposal that late-night comedians be subject to the “equal time” rule — is essentially unworkable, given how government regulation of the airwaves actually works. So was it a genuine threat — or just another comment from a president who seemingly thrives on narrative tension simply trying to top himself? “One has to suppose that he’s looking for ways to shock people,” said Russell Baker. “It may go through, or he might probably forget about it,” said the former columnist for The Times. “Is anybody shocked anymore? He’s used it up. It can only last so long.” “What else could he say that he hasn’t already said?” said Bob Schieffer, the broadcasting eminence who formerly anchored “CBS Evening News”. Seen-it-all veterans may take Trump’s recent statements with a few grains of salt. But two former White House officials turned pundits, David Axelrod and Robert Reich, warned of creeping autocracy. And advocacy groups like the Committee to Protect Journalists were moved to point out that such words, issued from the presidential pulpit, can embolden dictators who are more empowered than President Trump to shape or censor coverage.

Federal Communications Commission Chairman Ajit Pai still hasn't publicly responded to President Trump's call for NBC and other networks to have their FCC licenses challenged, and Democratic lawmakers are stepping up the pressure.

Reps. Frank Pallone, Jr. (D-NJ) and Mike Doyle (D-PA) called for a Congressional hearing in which Chairman Pai and the other FCC commissioners "can publicly disavow President Donald Trump's repeated threats to revoke NBC's broadcaster license due to its reporting." They said, “Over the past few days, the President has repeatedly attacked news outlets and their FCC licenses. This threat alone may already be chilling free speech across the country. That is why we and others have called on the FCC chairman to immediately condemn this intimidation and promise to the American public that he will not follow through on the directions he has received from the president. Despite our calls, the chairman has refused to say if he agrees with the president. We therefore ask for a hearing as soon as possible with all five FCC commissioners so that they can publicly and under oath commit that they will not threaten broadcasters or their licenses because of the content of their reporting.”

The United States will withdraw from UNESCO at the end of 2018, the State Department said Oct 12, to stop accumulating unpaid dues and make a stand on what it said is anti-Israel bias at the U.N.’s educational, science and cultural organization. In notifying UNESCO of the decision, the State Department said it would like to remain involved as a nonmember observer state. That will allow the United States to engage in debates and activities, though it will lose its right to vote on issues.

The withdrawal follows longstanding issues the U.S. has had with UNESCO and does not necessarily foreshadow a further retrenchment of U.S. engagement with the United Nations, which the Trump administration has been pushing to bring about structural and financial reforms.

The House Communications Subcommittee plans to hold a Federal Communication Commission oversight hearing Oct 25. Democratic members of the committee on Oct. 12 called for a hearing at which the commissioners would pledge not to target news outlets over their coverage of the Administration—as President Donald Trump has urged—but a source said it was a routing hearing that had been in the works for several weeks as they tried to work out availabilities. The subcommittee postponed an earlier FCC oversight hearing, and this week referred a bill reauthorizing the agency and to the full committee with work still to do on it. Invites have gone out to all the commissioners and they have until noon Oct 13 to respond.

Indiana state Rep Jim Lucas (R-Seymour) has drafted a bill that would require professional journalists to be licensed by state police. State Rep Lucas had the measure drawn up earlier in 2017 and said he may file it to drive home a point about his signature issue — gun rights. “If you’re okay licensing my second amendment right, what’s wrong with licensing your first amendment right?” he said. His proposal would require professional journalists to submit an application to the Indiana State Police. Journalists would be fingerprinted as part of the process and would have to pay a $75 fee for a lifetime license. Those with felony or domestic battery convictions would be prohibited from getting a license.

White House chief of staff John Kelly told reporters they are a big frustration for President Trump. The retired general made a rare appearance before reporters assembled in the James S. Brady Briefing Room for the White House's press briefing, telling the press corps that they are one of the president's top frustrations. "When I watch TV in the morning, it is astounding to me how much is misreported," he said. "I will give you the benefit of the doubt that you are operating off of contacts, leaks, whatever you call them," he said. "But I just would offer to you the advice — maybe develop some better sources."

[Commentary] Many have commented on the First Amendment implications if President Donald Trump were to actually go after NBC’s license (or really, the licenses of local affiliates since NBC itself doesn’t need a license) or the NFL’s tax status. But President Trump need not act on his threats for his actions to be considered a First Amendment violation. There’s a compelling argument Trump is in violation of Constitution right now—after he crossed the line from criticism of protected speech to openly threatening government action.

There’s plenty of case law on this subject from the Supreme Court to appeals courts around the country. Most recently, in a case in the Seventh Circuit called BackPage LLC vs. Thomas Dart, Sheriff of Cook County, Illinois, just-retired Judge Richard Posner articulated exactly why Trump may already be running afoul of the First Amendment merely through his threats.

[Trevor Timm is the executive director of Freedom of the Press Foundation]

President Donald Trump on Oct 12 again slammed the “fake news” media, saying it has “such hatred.” “The Fake News Is going all out in order to demean and denigrate!" the president wrote on Twitter. "Such hatred!” The tweet from President Trump comes one day after he blasted NBC News over the network’s story that the president wanted to expand the United States’ nuclear arsenal.