Protecting Dissenting Viewpoints and Voices Act of 2017

Bill: 115-hr-1574
Sponsor: full_name: Rep. Lujan, Ben Ray [D-NM-3]
Introduced: 2017-03-16
Policy area: Science, Technology, Communications
Subjects: Administrative remedies

Broadcasting, cable, digital technologies

Civil actions and liability

Federal Communications Commission (FCC)

Licensing and registrations

Political movements and philosophies

Presidents and presidential powers, Vice Presidents
Latest action: action_date: 2017-03-17
text: Referred to the Subcommittee on Communications and Technology.

Summaries:
action_date: 2017-03-16
action_desc: Introduced in House
text: <p><b>Protecting Dissenting Viewpoints and Voices Act of 2017</b></p> <p>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.</p> <p>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.</p> <p>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. </p> <p>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. </p> <p>The President may continue to direct agencies to take actions to execute the President's legal duties.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1574 IN THE HOUSE OF REPRESENTATIVES March 16, 2017 Mr. Ben Ray Luján 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.

1. Short title This Act may be cited as the Protecting Dissenting Viewpoints and Voices Act of 2017 . 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: 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.