Dems want promise that Pai won’t “penalize free speech” to punish Trump enemies.

US Senate Democrats have asked the Federal Communications Commission chairman for a commitment that the FCC will not try to stifle freedom of the press on behalf of President Donald Trump.

The Democrats sent a letter on Friday to FCC Chairman Ajit Pai, saying he did not answer senators' questions at a Senate Commerce Committee hearing held last week.

"[Y]our refusal to answer straightforward questions about how you view the media and whether you will uphold the First Amendment rights of journalists and media outlets is concerning," Sen. Bill Nelson (D-Fla.) and 12 other Democratic members of the Senate Commerce Committee wrote in the letter to Pai.

As we previously reported, Senate Democrats asked Pai at the hearing if he agrees with Trump's statement that the media is "the enemy of the American people." Pai declined to provide a "yes" or "no" answer. Instead, he said, "I don’t want to wade into the larger political debate," while adding, "I believe that every American enjoys the First Amendment protections guaranteed by the Constitution."

Pai also said he would "absolutely" operate independently of the White House, but Democrats questioned whether he will really do so in their letter Friday.

"While you have long claimed to be an advocate for the freedom of the press and the First Amendment, your silence on the matter and refusal to take a stand against threats levied at the media is troubling given your regulatory and oversight role over the industry," the Democrats wrote. "Moreover, such a lack of response could call into question the ongoing independence of the FCC under your watch."

The FCC has regulatory authority over the nation's media in several ways, and, consequently, its decisions have a great impact on the "viability and sustainability of news media," the letter noted. According to the senators, the FCC "controls whether broadcast stations are allowed access to the US airwaves, oversees elements of the contractual relationships between media outlets and their distribution partners, renders judgments on mergers and acquisitions of media properties, and issues regulations that can affect the financial future of major media companies."

The senators asked Pai for direct responses to six questions by Friday this week. Noting that Trump's re-nomination of Pai for another term is pending Senate approval, the Democrats said that Pai's "responses are necessary for the committee to determine whether he will be an independent and impartial regulator."

Although its members are nominated by the president and confirmed by the Senate, the FCC is an independent agency. Pai's re-nomination to another term is likely to be approved, as Republicans control the Senate and are pleased by Pai's deregulatory agenda.

Pai asked if he will “stifle or penalize free speech”

In the letter, the Democratic senators asked Pai again if he believes the media is the enemy of the American people. They asked Pai for assurances that he will "regulate the media in an impartial manner" and exercise his authority as FCC chairman "in a manner that fully respects the absolute independence of the agency from the executive branch."

The Democrats also asked the following questions about whether Pai will try to harm the media on behalf of Trump:

Will you commit to us that the FCC will not act in a manner that violates the First Amendment and stifles or penalizes free speech by electronic media, directly or indirectly, even if requested by the administration?
Did you commit to the administration, as a condition for your elevation or re-nomination as chairman of the FCC, to take any action against a specific media entity or generally against broadcast entities, cable network owners or other media outlets?

Lastly, the Democrats want Pai to inform the committee and the public if the White House or any executive branch official tries to influence his decision-making or directs him "to take or not take any action with respect to media interests within [the FCC's] jurisdiction, including the license renewal applications for broadcasters."

FCC says Pai will protect First Amendment rights

When contacted by Ars, an FCC spokesperson today pointed to Pai's dissent from the FCC's 2016 decision to maintain media ownership rules. Pai said in his dissent that "newspaper reporters continue to do important work throughout our country each and every day." Making reference to The Boston Globe's investigation into child sex abuse by Roman Catholic priests, Pai said that the industry's financial troubles are making it harder for publications "to do this type of investigatory journalism, hold our elected officials to account, and let Americans know what is going on in their communities."

"Chairman Pai continues to believe that," the FCC spokesperson said today. "Chairman Pai is a strong supporter of the First Amendment rights of the media and all Americans. He has protected those rights at the FCC and will continue to do so as long as he is privileged to serve at the Commission."