Government can’t circumvent the Constitution to censor critics indirectly

“As the court said, it’s long been the law that the government can’t circumvent the Constitution by conditioning benefits on censorship where it can’t censor directly. That goes for publicly funded media, but it also goes for Brendan Carr’s FCC conditioning broadcast licenses or merger approvals for private media companies on editorial concessions to please Donald Trump, Pete Hegseth conditioning access to the Pentagon on journalists forfeiting established rights, or Trump himself steering transactions like the Paramount-Warner Bros. Discovery merger to supporters of his who promise him ‘sweeping changes’ to bend the news to his liking.

“Virtually all of the administration’s ‘wins’ in reshaping the media that Carr and Trump have bragged about at CPAC and in social media posts violate this well-established constitutional principle. More news outlets should sue and win.”