A federal court ruled in favor of religious and other broadcasters on Monday against a Biden administration rule that would have required them to annually report employees’ genders and ethnicities.
The U.S. Court of Appeals for the Fifth Circuit vacated a Federal Communications Commission (FCC) “workforce diversity” rule from 2024 in response to lawsuits from the National Religious Broadcasters and tother groups that argued the regulation violated constitutional rights. Trump-appointed FCC Chairman Brendan Carr celebrated the ruling as he continues his broader push to end left-wing policies at an agency with significant control over America’s airwaves.
“The FCC’s 2024 decision was an unlawful effort to pressure businesses into discriminating based on race & gender,” Carr declared in a Monday X post. He said the rule required broadcasters to post “race and gender scorecards.”
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As Carr referenced, the FCC policy would have required most broadcasters to file a report with the agency detailing their staff demographics each year or face potential enforcement actions.
The National Religious Broadcasters, American Family Association and Texas Association of Broadcasters argued in court that the FCC order violated the Equal Protection and Free Speech Clauses of the Constitution, and that the regulation went beyond the authority Congress has granted the agency.
The plaintiffs argued that the rule was “arbitrary and capricious,” a phrase often used to describe regulations that violate the Administrative Procedures Act. The court determined that the rule exceeded the FCC’s statutory authority, declining to rule on the other claims.
“This ruling helps ensure that the government cannot create a backdoor to control broadcasters through public intimidation, misuse private data against them, or interfere with the sacred and constitutionally protected mission of religious broadcasters,” National Religious Broadcasters President and CEO Troy Miller said in a Wednesday press release.
“The prior administration had elevated woke ideology over time-honored principles of freedom of speech and association,” the group’s general counsel, Mike Farris, said. “The desire to use the power of government to gather information for no other legitimate governmental purpose but to harm the political opponents of regulated entities is utterly un-American.”
The Biden administration previously argued that the rule was necessary because demographic diversity is key to broadcasters’ ability to carry out their work.
“We agree with broadcasters and other stakeholders that workforce diversity is critical to the ability of broadcast stations both to compete with one another and to effectively serve local communities across the country,” the Biden FCC previously stated in defense of the rule. “Without objective and industry-wide data, it is impossible to assess changes, trends, or progress in the industry.”
The FCC said at the time that it would only use the data for “industry analysis and reporting” and not to evaluate discrimination claims.
Trump picked Carr to lead the FCC in November 2024 shortly after winning the presidential election, calling him “a warrior for free speech” who would stop “regulatory Lawfare.” Carr’s agency has also pressured companies to ensure they are not unlawfully discriminating against applicants and workers through diversity, equity and inclusion (DEI) programs.
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