Title: Protecting Dissenting Viewpoints and Voices Act of 2017
Policy area: Science, Technology, Communications

Summary:
Protecting Dissenting Viewpoints and Voices Act of 2017
This bill amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from using the viewpoints that a person broadcasts or otherwise disseminates on issues of public importance as a basis for: (1) revoking the person's licenses or authorizations; (2) taking action against the person; or (3) placing conditions on the FCC's approval of the assignment or transfer of a station license or construction permit or the construction, extension, acquisition, operation, or discontinuation of a communications line.
The bill also prohibits the President from directing an agency to take actions against a person, or to condition agency approvals, based on a person's broadcasted or disseminated viewpoints.
Nothing in this bill affects the authority of the FCC or the President to take action against violations concerning the broadcast of: (1) obscene or indecent language, fraudulent schemes, or lottery information; or (2) content constituting incitement under the First Amendment.
The FCC may continue to enforce broadcast requirements that: (1) permit candidates to federal elective office to purchase reasonable broadcast time, (2) allow equal broadcast opportunities for all candidates for public office, and (3) require disclosures of paid broadcasts.
The President may continue to direct agencies to take actions to execute the President's legal duties.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1574 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1574

  To amend the Communications Act of 1934 to clarify that the Federal 
   Communications Commission may not take action against a broadcast 
licensee or any other person on the basis of viewpoint, to clarify that 
the President may not direct an agency to take such an action, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2017

 Mr. Ben Ray Lujan of New Mexico introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to clarify that the Federal 
   Communications Commission may not take action against a broadcast 
licensee or any other person on the basis of viewpoint, to clarify that 
the President may not direct an agency to take such an action, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Dissenting Viewpoints and 
Voices Act of 2017''.

SEC. 2. VIEWPOINT PROTECTION.

    (a) Actions by FCC.--Title I of the Communications Act of 1934 (47 
U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 13. VIEWPOINT PROTECTION.

    ``(a) Prohibition Against Retaliation on Basis of Viewpoint.--The 
Commission may not revoke any license or other authorization of, or 
otherwise take action against, any person on the basis, in whole or in 
part, of viewpoints taken, or not taken, on issues of public importance 
in content that is broadcast or otherwise disseminated by such person 
or any person affiliated with such person.
    ``(b) Prohibition Against Conditions on Viewpoint in Transaction 
Review.--The Commission may not place on any approval under subsections 
(a), (b), and (c) of section 214 or section 310(d) any condition with 
respect to viewpoints to be taken, or not taken, on issues of public 
importance in content broadcast or otherwise disseminated by the person 
seeking such approval, any successor of such person, or any person 
affiliated with such person or successor.
    ``(c) No Effect on Certain Other Authority of Commission.--Nothing 
in this section shall be construed to affect the authority of the 
Commission to take action on the basis of, or to place a condition on 
an approval described in subsection (b) with respect to--
            ``(1) a violation of--
                    ``(A) section 1304 of title 18, United States Code, 
                or conduct that would constitute a violation of such 
                section if content disseminated by means other than 
                radio or television broadcast were disseminated by 
                means of radio or television broadcast;
                    ``(B) section 1343 of such title; or
                    ``(C) section 1464 of such title, or conduct that 
                would constitute a violation of such section if content 
                disseminated by means other than radio communication 
                were disseminated by means of radio communication;
            ``(2) a violation of, or conduct that the Commission has 
        the authority to require or prohibit under, section 312(a)(7), 
        315, or 317 of this Act;
            ``(3) any public interest obligation under this Act of the 
        person broadcasting or otherwise disseminating the content 
        involved; or
            ``(4) the broadcast or other dissemination of content that 
        constitutes incitement under the First Amendment to the 
        Constitution.''.
    (b) Actions at Direction of President.--
            (1) Retaliation on basis of viewpoint.--The President may 
        not direct an agency to take any action against any person on 
        the basis, in whole or in part, of viewpoints taken, or not 
        taken, on issues of public importance in content that is 
        broadcast or otherwise disseminated by such person or any 
        person affiliated with such person.
            (2) Conditions on approvals or other decisions.--The 
        President may not direct an agency to place on any approval or 
        other decision within the jurisdiction of the agency any 
        condition with respect to viewpoints to be taken, or not taken, 
        on issues of public importance in content broadcast or 
        otherwise disseminated by the person seeking such approval or 
        other decision, any successor of such person, or any person 
        affiliated with such person or successor.
            (3) No effect on certain other authority of president.--
        Nothing in this subsection shall be construed to affect the 
        authority of the President--
                    (A) to direct an agency to take action on the basis 
                of, or to place a condition on an approval or other 
                decision within the jurisdiction of the agency, with 
                respect to--
                            (i) a violation of--
                                    (I) section 1304 of title 18, 
                                United States Code, or conduct that 
                                would constitute a violation of such 
                                section if content disseminated by 
                                means other than radio or television 
                                broadcast were disseminated by means of 
                                radio or television broadcast;
                                    (II) section 1343 of such title; or
                                    (III) section 1464 of such title, 
                                or conduct that would constitute a 
                                violation of such section if content 
                                disseminated by means other than radio 
                                communication were disseminated by 
                                means of radio communication; or
                            (ii) the broadcast or other dissemination 
                        of content that constitutes incitement under 
                        the First Amendment to the Constitution; or
                    (B) to execute the duties of the President under 
                any provision of law.
            (4) Agency defined.--In this subsection, the term 
        ``agency'' has the meaning given such term in section 551 of 
        title 5, United States Code.
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