This Senate resolution affirms the unwavering commitment to First Amendment freedoms of speech and the press as foundational pillars of the U.S. democratic republic, while urging the President and federal agencies to uphold these rights against coercion or censorship.
Jeff Merkley
Senator
OR
This Senate resolution strongly reaffirms the unwavering commitment to the First Amendment, emphasizing that freedom of speech and the press are essential foundations of American democracy. It explicitly warns against government officials using regulatory power to coerce or censor protected speech, citing key Supreme Court precedents. Furthermore, the resolution directs federal agencies, including the FCC, to uphold these constitutional rights and condemns any threats or violence against those exercising free expression.
Senate Resolution Reaffirms First Amendment: Government Can't Use Licenses to Silence Media
This Senate resolution is essentially Congress putting its foot down on the First Amendment, specifically reminding federal agencies and the President that they cannot use regulatory power to silence people or the press. This isn’t a new law with immediate fines or benefits, but a formal, powerful statement reaffirming constitutional ground rules.
The core message is clear: freedom of speech and freedom of the press are non-negotiable. The resolution explicitly references several Supreme Court decisions, including Texas v. Johnson, which established that the government can’t ban an idea just because it’s unpopular or offensive. For everyday people, this means the government can’t legally strong-arm you into changing your opinion just because it doesn't align with the current administration.
The FCC Can’t Be the Truth Police
One of the most important sections focuses on the Federal Communications Commission (FCC). The resolution highlights Section 326 of the Communications Act of 1934, which bars the FCC from censoring content. It also calls out recent statements from FCC leadership emphasizing that they won't act as a “free-roving arbiter of truth in journalism.” Think about your local news station or favorite podcast: this resolution is the Senate telling the FCC that they can’t use their regulatory power—like controlling broadcast licenses—to punish a media outlet simply because they don't like what that outlet is saying.
No Regulatory Coercion Allowed
The resolution directly addresses the issue of government officials using their power to coerce speech, citing the recent unanimous Supreme Court ruling in National Rifle Association of America v. Vullo. This is the policy equivalent of saying, “We see what you’re doing.” It’s a warning shot to any federal agency that might try to pressure banks, social media platforms, or other companies into censoring certain viewpoints by threatening them with regulatory action. For a small business owner or a content creator, this means the government shouldn't be able to use a regulatory lever to make you change your lawful speech.
Protecting the Press from Licensing Threats
Perhaps the most pointed part of the resolution is its focus on media independence. The Senate formally condemns any threats to take away, pause, or penalize a media license based solely on the content or opinions expressed by that outlet. Furthermore, it directs the FCC Chairman and leaders of other relevant federal agencies to publicly affirm that they will not use their licensing or regulatory power to repress or control speech. This is a big deal for maintaining a truly independent press—it ensures that regulatory bodies can’t hold a media company’s license hostage over an unfavorable story.
Ultimately, while this resolution doesn't create new law, it serves as a powerful constitutional reminder to the entire executive branch. It’s the Senate’s official way of saying: the First Amendment is the operating manual, and you must stick to it. For anyone worried about government overreach into what they can say or publish, this resolution is a formal reinforcement of their existing rights.