The FCC‘s general counsel Adam Candeub faced pointed questions as the agency has delved into network content, with one Republican senator, John Kennedy, warning him that the agency was “getting into the foothills of violating the First Amendment.”
Candeub was recently nominated by Donald Trump to lead the Justice Department’s Antitrust Division, a role at requires confirmation by the Senate. He appeared at a Senate Judiciary confirmation hearing on Wednesday.
FCC Chairman Brendan Carr, who was appointed by Trump, has undertaken multiple investigations of the networks, over issues ranging from diversity, equity and inclusion practices to the way that 60 Minutes edited an interview with Kamala Harris.
The agency also is investigating The View and whether it is bound by the Equal Time Rule, and ordered ABC to submit its eight broadcast licenses for early renewal. The network claims that the actions are regulatory retaliation for Trump’s dislike of network programming, including ABC News content and Jimmy Kimmel. The FCC has not yet issued a decision.
Kennedy, senator from Louisiana, asked Candeub, “All right, explain to me like you’re talking to a 10th grader. What business it is of the FCC if a television network criticizes a political figure?”
Candeub responded, “Senator, as general counsel of the Federal Communications Commission, I don’t think it would be appropriate for me to venture into that issue.”
Kennedy replied, “I do. Explain the law to me. … I mean, this stuff scares me. I don’t like some of the stuff that is said on television, but what business is it of the FCC? Educate me.”
Candeub started to go into the history of FCC oversight, referring to the 1927 and the 1934 Communications Act, before Kennedy interrupted.
“Well, we have’t given the FCC the right to regulate freedom of speech, have we?”
Candeub answered, “You have required the FCC to regulate broadcasters pursuant to the public interest.”
Kennedy replied, “And who decides what the public interest is?”
Candeub answered, “It is the judgment of the FCC following precedent and following the law.”
Kennedy continued, concluded by telling Candeub, “All I’m saying is ya’ll be careful. You are getting into the foothills of violating the First Amendment.”
“Understood, sir,” Candeub replied.
Carr has claimed that he has the authority to delve into content because stations are required to serve in the public interest. But the sole Democrat on the commission, Anna Gomez, has said that he’s using a vague standard to punish broadcasters for disfavored speech, even though the First Amendment still protects programming.
Some Democrats on the Judiciary Committee also focused on the FCC’s investigations. Sen. Peter Welch (D-VT) pressed Candeub on the FCC probe of 60 Minutes,.
“What would be the basis of opening that investigation?” Welch asked.
“As general counsel of the Federal Communications Commission, my job is not to make policy. My job is simply to advise the chairman and the commission,” he said, declining to go further in his comment and citing attorney-client privilege.
Sen. Cory Booker (D-NJ), the top Democrat on the Senate Judiciary antitrust subcommittee, said that he would not support Candeub’s nomination.
Booker pointed to what he said was the politicization of the Antitrust Division. He cited its approval of the Paramount-Warner Bros. Discovery merger without any conditions as an example of how the division has lost its independence from Trump’s desires. He cited a report that the division cleared the merger even though career staffers had issued a recommendation, and “they were going to recommend blocking the merger.”
Booker then asked Candeub to show his independence by answering the question, “Did Joe Biden win the 2020 presidential election, yes or no?”
Candeub, like other nominees asked the question, answered that the “United States Congress certified Joe Biden.” Booker accused Candeub of “showing cowardice.”
The hearing comes as state attorney generals have played a bigger role in challenging proposed mergers. California Attorney General Rob Bonta and others have sued to block not just Paramount-WBD but Nexstar’s proposed merger with Tegna.
Sen. Mike Lee (R-UT), the chair of the antitrust subcommittee, asked Candeub “to what extent state attorney generals should play in antirust enforcement.”
Candeub replied, “If confirmed, I hope to work with state attorney generals to have a coherent and consistent antitrust enforcement.”
