Disney vs. FCC: Licensing as a Tool of Censorship

In this episode, Robertas Bakula and Onkar Ghate commend Disney for making their case on fundamental constitutional grounds rather than settling behind closed doors. Too few of Disney’s defenders ever dare to challenge the FCC's underlying licensing authority or the employment mandates that also violate freedom of association. They warn that Carr is trying to reinvigorate and expand the FCC’s power over speech and argue that no depoliticized FCC is possible. The only real solution is privatizing the spectrum.

Topics Include:

Disney's lawsuit against the FCC for violating the First AmendmentHow self-censorship works in practiceBroadcaster’s historical complicity in creating the FCCBrendan Carr’s goal to expand the FCC’s powerWhy defenders of free speech do not challenge the FCC and its DEI policies as violating intellectual freedomThe only way to remove the FCC’s ability to chill speech is to privatize the broadcast spectrum

This episode was recorded on September 16, 2026.