Washington, D.C. — Democracy Forward filed a lawsuit today in the U.S. District Court for the District of Columbia to compel the Federal Communications Commission (FCC) to comply with federal transparency laws after the agency failed to produce public records requested under the Freedom of Information Act (FOIA). The records were sought after public comments by FCC Chairman Brendan Carr suggested that the agency could consider punitive action against broadcast entities if they continued to air commentary critical of the Trump-Vance administration — citing, as one public example, remarks made by television host Jimmy Kimmel.

In September, Democracy Forward submitted FOIA requests seeking communications, calendar entries, and messages sent or received by Chairman Carr and senior leadership about whether key decisions and conversations occurred behind closed doors, and may implicate press freedom, political influence, and government retaliation against protected speech.

While the FCC acknowledged receiving the requests, it has since failed to take the legally required next steps, provide responsive records, or issue a determination, leaving the public entirely in the dark. With statutory deadlines ignored, Democracy Forward has now taken the matter to federal court, seeking an order compelling the FCC to conduct the required searches and promptly produce responsive records, as required by law. 

“Americans cherish their First Amendment freedoms and rely on a free press to publish and disseminate information free of government pressure. Yet, we have seen this year the Federal Communications Commission seek to punish media outlets who do not toe the White House’s party line. Now, the FCC has failed to respond to public records requests that enable the public to know what their government is doing. The public deserves clarity, honesty, and lawful disclosure from its government  — not secrecy,” said Skye Perryman, President and CEO of Democracy Forward. “Democracy Forward has filed suit and will continue to insist that the law be followed, especially where fundamental freedoms — including the freedom of speech — may be chilled or threatened behind closed doors. If an agency refuses to comply, we will seek and secure compliance in court.”

The case is Democracy Forward Foundation v. Federal Communications Commission, and the legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston. 

Read the complaint here.