Free Speech – Media & Communications Policy

September 18, 2025October 22, 2025 By Adonis Hoffman, Esq.

The Future of Conservative Media

The slaying of conservative activist and media personality Charlie Kirk as he spoke at a campus rally in Utah was a tragedy on many levels: the wrenching of a devoted family man from his wife and young children; the fatal silencing of a speaker in a nation where freedom of speech is a constitutional guarantee; and a manifestation of the increasingly brutal partisanship gripping this country.

This senseless killing also has drawn newfound attention to the environment in which Charlie Kirk thrived – the catalyst that propelled him to the forefront of a movement, making him a hero to millions and a public figure to all: conservative media.

July 24, 2025July 23, 2025 By Stuart N. Brotman

Let’s Not Create a Self-Censorship Wave in Comedy

Stephen Colbert’s recent announcement that he has been terminated from hosting The Late Show on CBS has been met with confusion and anger by millions of his fans. The press announcement indicated that the cancellation, effective in May 2026, was the result solely of financial losses for the top-rated series.

But there remains a larger fear that a contributing factor was to punish Colbert’s sharp political jokes that frequently slung arrows at the Trump administration, versions one and two. Put simply, both removing Colbert and eliminating The Late Show entirely after he departs may have a more lasting impact on other comedians now on air or in the future.

June 26, 2025June 25, 2025 By Guest Author Anna Gomez

Government’s Unprecedented Threat to the First Amendment

Our current political moment poses challenges unlike anything I thought I would face as an FCC Commissioner. This Administration has been on a campaign to censor and control since, well, before day one. And since day one the FCC has been implementing the will of this Administration and undermining the First Amendment at every turn.

The First Amendment has protected our fundamental right to speak freely and to hold power to account since 1791. It is foundational to our democracy. Today, the greatest threat to that freedom is coming from our own government.

March 13, 2025March 13, 2025 By Guest Author Curtis LeGeyt

Local Broadcasters Need Level Playing Field To Compete, Innovate, Serve the Public

America’s broadcasters are beacons of our democracy. Every day, they exercise their First Amendment right to report, inform, and help citizens understand the issues that affect their daily lives.

And let’s face it: This is a challenging time to be a broadcast journalist. As the truth competes with falsehoods on social media and political polarization gets the headlines, exercising our First Amendment right to inform the public and provide the facts has never been more challenging – or essential.

March 6, 2025March 6, 2025 By Stuart N. Brotman

Government Should Have No Role in Policing News Distortions

In early February, CBS News complied with an FCC request to hand over the raw footage and transcript from an October 2024 interview with Democratic presidential candidate Kamala Harris. The FCC has re-opened a closed file of a complaint that alleges CBS doctored the interview.

President Trump has already weighed in with his conclusion in a Truth Social post – CBS “defrauded the public,” he claims, and the network “should lose its license.”

February 28, 2025February 27, 2025 By Michael O'Rielly

A Mississippi City’s First Amendment Folly

William Faulkner, the great American writer, is famously and perhaps incorrectly attributed the quote, “To understand the world, you must first understand a place like Mississippi.” My knowledge of the state is mostly based on the wonderful, bright, and soulful individuals from the state whom I’ve worked with over the years. That is why it’s so troubling to see Mississippi’s name dragged through the proverbial mud because of a deeply troubling First Amendment encroachment that occurred last week. The fight, leading to a legal challenge, is over an editorial a local newspaper issued criticizing a Mississippi city council’s action.

December 4, 2024December 3, 2024 By Adonis Hoffman, Esq.

A New Era at the FCC: What’s Ahead

Media have become more important and invasive in our lives than ever. Whether online, TV, video, wireless, or wearable devices, Americans can’t seem to survive more than a few minutes without them.

It thus stands to reason that a newly established Federal Communications Commission led by incoming Chairman Brendan Carr will expand the agency’s reach into areas where more and more Americans are engaged. As such, it could become as important and involved in our lives as the very media it regulates.

September 6, 2024September 5, 2024 By Guest Author Gary Shapiro

Tech’s Role in Driving Innovation: Why Over-Regulation Stifles Progress

Recently, The Media Institute shared a commentary by Adonis Hoffman suggesting tech should be highly regulated, blaming it for many problems faced by traditional media. On behalf of the Consumer Technology Association’s (CTA)^®1,300 tech company members, many of which are leading competitors around the world and collectively are driving economic and stock market growth, I strongly disagree with this perspective. The notion of using government to “tear down” one industry to “boost” another is misguided and harmful to the competitive spirit that drives American innovation and economic success.

Tech is tackling global challenges and improving lives for billions of people. Indeed, CTA and CES^® partnered with the United Nations to provide and promote solutions for clean water, clean air, health care, and food availability. As innovators develop solutions saving lives, some media industry lobbyists whose businesses lost market share to innovative competitors push for unnecessary taxes and restrictions on tech – simply because it has disrupted traditional models.

December 15, 2023December 14, 2023 By Stuart N. Brotman

Threats on Campuses Need To Be Dealt With Directly

The recent explosive congressional hearing with presidents from among some of the nation’s most elite universities – Harvard, MIT, and the University of Pennsylvania – nearly broke the Internet. All three academic leaders could not clearly state that advocating genocide against Jews might violate their campus codes of conduct. Politicians of all stripes – along with students, faculty, alumni, and prominent donors – were shocked that what seemed like something defined by a bright line of morality would be portrayed as requiring nuance in response.

Elizabeth Magill, Penn’s president, created the most memorable soundbite while under intense questioning by Rep. Elise Stefanik, (R-N.Y.). When asked by Stefanik whether calling for the genocide of Jews constituted bullying or harassment, Magill soberly replied, “It is a context-dependent decision, congresswoman.”

October 11, 2023 By Stuart N. Brotman

The Important Formative Years of a Legendary First Amendment Advocate

The new PBS “American Masters” documentary, Floyd Abrams: Speaking Freely, chronicles legendary First Amendment lawyer Floyd Abrams. It largely focuses on the amazing trajectory of his career in this vital area of constitutional law.

As a young law firm associate on Wall Street, Abrams was a pivotal member of the legal team that successfully argued before the U.S. Supreme Court that the national security concerns advanced by the U.S. Department of Justice did not justify a publication prior restraint of the Pentagon Papers by The New York Times.