FPF Files Ethics Complaint Against FCC’s Carr
The Freedom of the Press Foundation files an ethics complaint against Federal Communications Commission Chairman Brendan Carr alleging “egregious misconduct.” The complaint was filed with the District of Columbia Court of Appeals’ Office of Disciplinary Counsel and points to Carr’s public statements
and actions prior to the Paramount-Skydance merger. Paramount’s CBS agreed to a settlement with President Donald Trump over a Kamala Harris interview on “60 Minutes.” The complaint says, “Everyone from U.S. senators to CBS employees to a dissenting FCC commissioner has said the settlement appears to have been a bribe to grease the wheels for Carr’s FCC to approve the merger. Even putting Paramount aside, Carr has pursued numerous other frivolous and unconstitutional legal proceedings and threatened more of them in furtherance in his efforts to intimidate broadcast licensees to censor themselves and fall in line with Trump’s agenda.” It goes on to say, “Carr’s actions brazenly violate legal and ethical standards that govern the practice of law and public officials, undermining the First Amendment, the FCC’s credibility, and the laws he is trusted to administer. His abuse of his office to force an unwarranted settlement of a private lawsuit is shameful and warrants disbarment.”
Let’s discuss how CBS’s $16 million settlement became a warning shot for every talk host, editor, and content creator with a mic.
move to appease the Administration and secure regulatory approval of a major transaction currently pending before the FCC. For months, it has been clear that this lawsuit was entirely meritless, just like the complaint now before the Commission. The transcript and video of the 60 Minutes interview with Vice President Harris show no evidence of wrongdoing, only the standard editorial judgments used across the news industry to ensure clarity and brevity. Had Paramount chosen to fight this in court, they would have prevailed on the facts and the law. But instead of standing on principle, Paramount opted for a payout. That decision now casts a long shadow over the integrity of the transaction pending before the FCC. Given the extraordinary public interest in this deal, the novel legal questions raised by the lawsuit and its resolution, and the repeated calls from lawmakers for transparency, I once again urge the FCC to bring this matter before the full Commission for a vote. Approving this transaction behind closed doors and under the cover of bureaucratic process would be a shameful outcome that denies the American people the transparency and accountability they deserve, especially when press freedom is at stake.”
Audacy agrees to pay BMI $550,000 in settlement of those claims. Audacy and BMI agree to resolve the fee dispute with 60 days of BMI’s merger. Based on the results of the 2017-2019 Audit, BMI asserted that Audacy owed approximately $1.68 million in fees to BMI. Audacy disputed BMI’s claim and, since 2020, has been negotiating with BMI to settle that matter and any potential claims relating to Audacy’s 2020 revenue subject to license fees. BMI has also asserted that Audacy owes approximately $9.26 million in unpaid license fees and accrued late fees, which Audacy disputes. Audacy says in its filing that this “Settlement is in the best interest of all stakeholders (including Debtors’ secured creditors, the only impaired parties) because it will, subject to the closing of the merger, bring in at least $25 million of funds to the Debtors’ estates (potentially within days of this settlement being approved), with the possibility for up to an additional $13.6 million in the following months.” 
own. She cites a February 2, 2021 appearance by Mike Lindell on Newsmax TV during which anchor Bob Sellers vehemently challenges Lindell’s allegations of voter manipulation, to the point of walking off the set in frustration. The story also notes Newsmax’s defense as laid out in court filings. The company says, “It reported fairly and accurately on the public statements made by President Trump, his attorneys, and 
surrogates; It had a right to report on statements made by public figures, including the president; Newsmax reported on both television and online claims by multiple officials and experts that the election was not ‘stolen’ or ‘rigged.’; Newsmax reached out to Dominion, and Dominion did not accept offers to appear on the network; Newsmax published online at least a dozen articles sharing Dominion’s response to Trump campaign claims. Those headlines appeared on Newsmax TV; On Dec. 19, 2020, Newsmax published to its website a statement, ‘Facts About Dominion, Smartmatic You Should Know,’ which read, in part, ‘No evidence has been offered that Dominion or Smartmatic used software or reprogrammed software that manipulated votes in the 2020 election.’; Newsmax shared its statement over the course of months during segments related and unrelated to the 2020 election.” Finally, Newsmax adds, “It should be noted that FOX News has never made a statement, even after its settlement, as strong and specific as Newsmax’s statement of Dec. 19, 2021.”