S. 867 — Broadcast Freedom and Independence Act of 2025

This section sets forth six congressional findings concerning the Federal Communications Commission (FCC), including (1) its establishment as an independent agency under the Communications Act of 1934 to regulate interstate and foreign communications without discrimination; (2) the Senate confirmation and fixed terms of FCC commissioners, who cannot be removed at will by the President; (3) the paramount importance of FCC independence from political pressure; (4) the FCC's authority to set its own priorities without undue influence from the President or presidential advisors; (5) the FCC's lack of censorship power over radio communications, as provided in section 326 of the Communications Act of 1934 (47 U.S.C. 326); and (6) the impropriety of using investigations or threats of FCC action to suppress viewpoints or align broadcast licensees with political agendas.

This section establishes viewpoint protections in a new section 14 of Title I of the Communications Act of 1934 by (1) prohibiting the Federal Communications Commission (FCC) from revoking licenses or taking other actions against licensees based on viewpoints broadcast or disseminated by the licensee or affiliates; (2) prohibiting the FCC from imposing viewpoint-based conditions on approvals of certain transactions under sections 214(a)-(c) or 310(d); and (3) preserving FCC authority to act on violations of 18 U.S.C. §§1304 (prohibiting radio/TV broadcasts promoting lotteries), 1343 (wire fraud), or 1464 (obscene radio broadcasts), or on content constituting First Amendment incitement.