Free Press Objects to Chairman Carr's 'Morally Repugnant' Proposal on TV Warning Labels for Transgender and Nonbinary Content

WASHINGTON — On Friday, Free Press filed comments condemning the FCC’s inquiry on warning labels for what the agency vaguely describes as “transgender and gender non-binary programming.” Earlier this year, FCC Chairman Brendan Carr initiated the proceeding to inquire whether television programs featuring LGBTQIA+ themes should carry specific labels or modified ratings. More than 50 organizations and industry associations, including Free Press, have filed comments to oppose Carr’s proposal.

In its comments, Free Press wrote that the FCC proceeding is a “meritless and invalid attempt” to “chill LGBTQ+ content with which its current Chairman may disagree.” The filing explains that the agency lacks any authority to regulate the parental-ratings system, which Congress allowed video programmers to create on a voluntary basis. The FCC’s attempt to influence the industry through this proceeding “raises numerous First Amendment concerns, including the unfounded conflation of ‘gender identity’ with obscene or indecent material.” 

Shilpa Jindia, Free Press policy counsel and coauthor of the filing, said:

“With this disturbing inquiry, the Carr FCC is expanding its broader censorial campaign targeting disfavored groups and Trump-administration critics. It’s yet another example of how this bigoted administration is working to intimidate and silence LGBTQIA+ voices and attack diversity, equity and inclusion. 

“This FCC got the issue all wrong from the start: The agency lacks authority over the television parental-ratings guidelines. In the Telecommunications Act of 1996, Congress provided no role for the FCC if the television industry voluntarily developed an adequate ratings system first, as industry groups did almost 30 years ago. Congress also did not grant the FCC any oversight function over the TV Oversight Management Board, which the industry established to ensure that ratings guidelines apply consistently across television programming. The FCC is abusing administrative procedure by acting outside of its statutory authority to further this White House’s abhorrent anti-trans agenda.

“This is Carr’s latest attempt to shut down speech and shift U.S. public discourse to please President Trump. Television-program ratings are wholly outside of the FCC’s control, and the use of this public-comment procedure to coerce change raises constitutional concerns. The FCC should abandon this contrived and morally repugnant exercise.”