Federal Communications Commission nominee Gigi Sohn faced off against Republican senators at a nomination hearing yesterday, disputing the senators' shaky claims that she would use a post at the FCC to censor conservatives.
Sen. Ted Cruz (R-Texas) and Dan Sullivan (R-Alaska) repeated arguments previously made by Sen. Lindsey Graham (R-S.C.) and The Wall Street Journal editorial board, which mostly boil down to complaints about Sohn's tweets criticizing Fox News and her criticism of Sinclair Broadcast Group. In the Sinclair case, as we previously wrote, Sohn was actually on the same side as then-FCC Chairman Ajit Pai. Pai led a unanimous FCC vote that blocked Sinclair's attempt to purchase Tribune Media Company because of evidence that Sinclair's merger plan was illegal.
Sullivan and Cruz seized on these issues as evidence that Sohn would censor Fox News and conservatives in general during yesterday's Senate Commerce Committee hearing. They did so even though the leaders of conservative news networks Newsmax and One America News Network supported Sohn's nomination and praised her longtime commitment to free speech.
Sullivan's questioning of Sohn didn't get very far because he repeatedly interrupted Sohn's attempts to answer his questions. He falsely accused Sohn of "purging" her Twitter account and then ran out of his allotted time. Cruz gave Sohn time to answer his questions in some depth, but he also misrepresented her views on whether the FCC should regulate Big Tech.
Rosenworcel’s renomination approved
Before we go into more detail on those exchanges, here's an update on the nomination process. Shortly before holding Sohn's nomination hearing yesterday, the Senate Commerce Committee voted to advance FCC Chairwoman Jessica Rosenworcel's nomination for another term on the FCC to the Senate floor. Rosenworcel's renomination needs to be confirmed by the Senate for her to remain on the commission in 2022, and she is expected to clear that hurdle without any trouble.
The Commerce Committee hasn't voted on whether to send Sohn's nomination to the Senate floor yet. The FCC has been in a 2-2 deadlock between Democrats and Republicans throughout Biden's time in the White House, but a Sohn confirmation would give Democrats a 3-2 majority. With Rosenworcel's renomination, there was a two-week wait between Rosenworcel's November 17 appearance at a Commerce Committee nomination hearing and the committee's vote.
Graham isn't on the Commerce Committee, but he vowed in a recent tweet to "do everything in my power to convince colleagues on both sides of the aisle to reject this extreme nominee." After yesterday's hearing, Sullivan and Sen. Thom Tillis (R-N.C.) said that "they would put holds on [Sohn's] nomination—a tactic that would also require extra floor time to resolve," Politico reported.
Cruz asks for “comfort”
Cruz prefaced his questions by arguing that "far too many of today's Democrats have abandoned any commitment to free speech, and we are seeing instead a confluence of liberals advocating for censoring anyone with whom they disagree, Big Tech eagerly taking up the mantle to censor those with whom they disagree, and government regulators having the power to facilitate, to encourage, or even force that censorship."
"Your record suggests a deep antipathy to those with different views," Cruz said to Sohn. "How would you comfort a conservative concerned about censorship... that you would not, if confirmed, use your power as a government regulator to censor more and to silence those with whom you disagree?"
Sohn responded:
I would say, look at my record. Look at the conservative cable channels that I worked with for years to get them carriage on cable systems when those systems would not carry them. I have long worked with organizations and companies with whom I vigorously disagree on their point of view—fervent Republicans, fervent supporters of the previous president—and I worked with them to get their views online. I believe that I have been characterized very unfairly as being anti-conservative speech. I think my record says otherwise.
I have been critical of Fox News. I'm sure you have my tweets. But that was in the context of a [Senate] hearing where Big Tech was being blamed for misinformation, as they deserve... if you're going to look at misinformation, you're going to have to look at the entire ecosystem—and frankly not just at Fox News. I have also been critical of liberal stations. I'm not a huge fan of big chyrons on cable news.
Sohn also expressed a commitment to free speech in her opening statement to the committee, saying:
Freedom of speech is the lifeblood of our American experience and has always been at the core of my work. I am proud that some of the most conservative television networks are supporting my confirmation because I worked with them for years to get access to cable subscribers after operators refused to carry them. I have also worked with communities of color and the LGBTQ+ community to ensure access to their voices on different platforms without interference. I have always believed that democracy works best when voices of all kinds can speak and be heard.
Cruz admits Newsmax CEO supports Sohn
Cruz said he was "comforted" by a conversation he had with Newsmax CEO Chris Ruddy. "He confirmed what you said. He described his relationship with you as having been an advocate for additional voices. That's an encouraging sign," Cruz said.
One America News Network President Charles Herring gave Sohn a similar endorsement. "Gigi has been very consistent in her views for diversity in media," Herring said in a statement. "She has advocated for reasonable policies to support numerous points of view and to open up the markets to independent voices in all aspects of media. She believes in the First Amendment and the advantages of a strong and open media for the benefit of our democracy."
Despite support for Sohn from some of the most conservative news networks, Cruz asked how viewers of Fox News can trust her:
You have multiple tweets going after Fox News very directly. Now, you're entitled to have your own views. I don't agree with everything on Fox News, either, or really any news station. But it's one thing to have a view; it's another thing for the government to use its regulatory power to silence views it disagrees with. Some people at home watching are regular watchers of Fox News. How can they have any comfort that if you're confirmed, you won't use the power of government to silence them?
"I will make that commitment right here," Sohn responded. "But I would also say that I take any allegations of bias extremely seriously. I've been working very closely with the Office of Government Ethics on an ethics agreement which I've signed, and if there's any question about my bias, I will work with them to determine whether I need to not participate in a proceeding. But I do not believe I am biased."
Sohn explained that her tweets about Fox News "were in the context of a comparison" while the Senate was examining Big Tech. "I was making the comparison that if you were looking at just Big Tech, you also have to look at the other voices in the ecosystem," she said.
Sohn’s view is “opposite” of what Cruz claimed
Sohn has been a consumer advocate for decades, co-founded the group Public Knowledge, and worked at the FCC during Obama's second term as the counselor to then-Chairman Tom Wheeler. Cruz claimed without evidence that "when you [Sohn] were at the commission previously, you were a vocal proponent of the commission asserting power over Big Tech."
"I'm not quite sure about your statement about me wanting to exert authority over Big Tech when I was at the FCC, because it's actually been the exact opposite," Sohn said. Sohn later pointed out that "the FCC does not have authority over Big Tech platforms" and that she was "extremely vocal that the FCC did not have authority" to implement President Trump's demand that the FCC try to strip away the legal protections Big Tech has under Section 230 of the Communications Decency Act. The law gives legal immunity to websites when they block or moderate user-submitted content.
Cruz said that Sohn's Section 230 view means that she "opposed the former president's efforts to protect free speech." Sohn disagreed. Cruz then asked, "Do you believe Big Tech should be censoring more or censoring less than they do right now?"
"I don't have an opinion on that," Sohn answered. "I think they need to be more transparent about why they do what they do. I'm not pleased with their moderation either way because you have no idea why they're doing it."
Sohn falsely accused of purging Twitter account
Sullivan questioned Sohn earlier in the hearing, before it was Cruz's turn. Sullivan focused mostly on Sohn's tweets, saying:
It seems like one of the ways you get nominated for a position in this administration is if you have some really good, nasty tweets against Republicans. It's the way you get nominated—the numbers are going through the roof. You kind of take the case [sic] on this with regards to tweets that I find not only very troubling—you know, Republicans are racist, the usual BS. I noticed you purged your account. Did you do that for a reason?
Sohn's account is still active, she pointed out. "I did not, my account is still up there, trust me. People are picking at it. It's definitely still up there," she told Sullivan.
More of a statement than a question
Sullivan continued without explaining his error, saying, "This is actually a really serious issue with regard to your nomination... the FCC has enormous power, and it has enormous power in America, particularly as it relates to free speech."
Sullivan quoted part of a Sohn tweet in which she wrote, "For all my concerns about Facebook, I believe that Fox News has had the most negative impact on our democracy. It's state-sponsored propaganda, with few if any opposing viewpoints. Where's the hearing about that?"
"That's one of your many tweets. How is Fox News state-sponsored propaganda, and is MSNBC state-sponsored propaganda, too?" Sullivan asked.
Sohn began responding, but Sullivan cut her off, saying:
Remember, this goes directly to the power you're going to have. This is not some kind of random tweet. Millions of Americans watch that news station. I happen to. I don't think it's state-sponsored propaganda. For god's sake, we needed a conservative viewpoint in American media which obviously you don't like, so talk to me about state-sponsored propaganda.
“I don’t have a lot of time”
Sohn began to answer, saying she wanted to "explain the context" in which she made the tweet and discuss some of her conservative supporters. Sullivan cut her off again, saying, "I need to interrupt because I don't have a lot of time. Just address the tweet, I don't need the context, I don't need to hear about your supporters." But instead of letting Sohn address the tweet, Sullivan continued talking and brought up another Sohn statement in which she had called for the FCC to investigate whether Sinclair is qualified to have a broadcast license.
Sullivan did not mention the fact that Sohn questioned Sinclair's license not because of its ideological viewpoint but because the Ajit Pai-led FCC found that Sinclair's plan would allow it to illegally control stations it needed to divest to get the merger approved.
"You are going to be in charge of regulating news agencies like Fox News, and you're calling them state-sponsored propaganda," Sullivan told Sohn during yesterday's hearing. "How can you do that as an honest broker when you've already put out—you also called Sinclair Broadcast, whether—you called for the FCC to investigate whether they're qualified to be a broadcast licensee at all."
“I think that disqualifies you completely”
Still without letting Sohn provide any substantive answers, Sullivan declared that she is unfit to serve on the commission and mistakenly said she called Fox News "state-sponsored terrorism":
You are clearly indicating your bias against more conservative news sources and yet you are now up for confirmation for one of the most powerful positions in America on free speech. I think that disqualifies you completely. But talk to me about Fox News as state-sponsored terrorism, how they've had, quote, the most negative impact on our democracy, and then why isn't MSNBC state-sponsored terr—um, I didn't say terrorism. I didn't mean terrorism; I meant propaganda.
Sohn explained that she was "tweeting during a [Senate] hearing on Section 230 where the point was being made that Big Tech companies were the most harmful to our democracy."
Explaining her statement that Fox News is "state-sponsored propaganda," Sohn replied, "as a public interest advocate, as part of my job, those were my words, those were my opinions, but they will have no bearing on how I would act if I'm confirmed as an FCC commissioner."
“Senator, I respectfully disagree”
Sullivan moved back to the Sinclair issue and asked if Sohn would "recuse yourself on anything related to Fox News or Sinclair Broadcasting." Here's how the exchange finished:
Sohn: "Senator, I have signed an ethics agreement with the Office of Government Ethics. If there is any question about my bias, I will consult with them and see if I need to recuse."
Sullivan: "I think these tweets are clearly evidence of bias."
Sohn: "Senator, I respectfully disagree because again, these were made—first of all, let me just step back on Sinclair because I think it's really important to understand what I said... I was agreeing with Chairman Pai, who sent the transaction for a hearing because the Pai FCC alleged that Sinclair was not honest about its ownership of certain stations. So the hearing designation order was looking at Sinclair's dishonesty. It had nothing to do with whether it was conservative or liberal."
Sullivan tried to return the discussion to Sohn's Fox News tweets again but had to stop talking because he had gone over his allotted time and other senators were waiting for their turn to speak.
