An organization falsely touting itself as a non-partisan self appointed ministry of truth called the "Media and Democracy Project" filed a petition to deny a FOX affilitiate TV station's license renewal because it doesn't like what opinon hosts on Fox News said on the air in a chilling effort to convince the Federal Communications Commission (FCC) to act in an unconstitutional violation of the first amendment.  Posts discovered on the Internet clearly indicate the group as non-partisan democrat group calling for Democrat control of the FCC, net neutrality and forced "media diversity" as part of a broader campaign of cancel culture against Republican and conservative viewpoints in broadcast platforms.  While the station WTFX-TV is simply a local Fox affiliate licensed in Philadelphia that airs some of the Fox news programs on the weekend, it is the first on the extensive hit list of all Fox Television broadcast stations.

The Media and Democracy Project has been calling for net neutrality and democrat appointments to the FCC including their latest support and push on behalf of Anna Gomez.  Of course net neutrality is anything but neutral just as the Project's severely biased attacks on conservative media.  Using a court decision in the lawsuit between Dominion and the Fox News Corporation, they have hired experienced FCC attorney Arthur V. Belendiuk who has a history of trying to get stations shut down for allegedly airing what his clients have deemed as fake news, including all the licenses of CBS television stations based on reporting in regards to allegations of anti-semitism of western ukranians.  In the D.C. District court it was former justice Ginsburg who remanded a case on his behalf in 1998 to the FCC up ending the Commission's policy regarding news accuracy, weighing in on exactly what the court believes should be an appropriate standard for deciding if a sufficient prima facie case exists and serious questions fact necessary for a designation for a hearing.

Arthur has been down this same road when trying to shut down those CBS station and is now ready to use what he gained to make a better effort to shut down every single FOX Television station in America using the Dominion case findings appearing in a respone to a summary judgement request.  Of course, that case never went before a jury to actually explore the facts of the case.  Belendiuk suggests everything he needs to establish the minimal requirements to force a hearing related to WTFX-TV license renewal is contained in that ruling.  For him it doesn't matter that the FCC is now under a majority control by democrats, as he would likely return to the DC district should the FCC refuse to issue a hearing against the local Fox TV affiliate, as he did before.  Should a petition for reconsideration or application for review get to the full body of the Commission it could be game over for free speech, the press and the first Amendment unless the case eventually procedes to the full, currently conservative leaning, Supreme Court.

This could be the case of the century concerning the first Amendment.  The FCC of course has the power within its grasp to revoke the license of every Fox broadcast television station based on a character policy that involves an intent to knowingly and wilfully falsify the news.  While the longstanding policy at the FCC has been that government can not be the arbiter of truth in the face of the first amendment, it does not preclude it from making such a determination based on the loophole they have carved out, i.e. defamation law.  The plan of attack is to use defamation law to provide the group, the lawyer, and the democrats at the FCC to silence conservative media, forever.  Precedent could result that will indeed make the FCC the ministry of truth where all broadcasters will have to submit to the government's ultimate authority or lose their license to broadcast.

The case surrounds claims of interference and fraud following the 2020 Presidential Election by Fox opinion hosts and their guests.  A fact not decided in the now moot civil case is whether or not Fox's management directed the statements to be made and ultimately the truth of those statements.  The settlement between Fox and Dominon, despite the attorney's claim, does not remove any questions of fact in terms of either issue.  He admits however because there are substantial questions of fact, those facts relate to a determination that must be made regarding whether or not the license whould be renewed based on the public interest requirements applicable to all broadcasters.  Simply because they have presented a question, that doesn't necessarily mean that a hearing is required as even if there was sufficient evidence to prove the claims, that would not necessarily result in the revocation of a license where history at the FCC can include mere sanctions or consent decrees.  However, this is in the hands of a Commission under majority democrat control which may influence the ultimate decisions made during the renewal process now underway for the station.

WTFX-TV has yet to file any reply to the petition to deny and the Commission has not yet designated any issues regarding the renewal for a hearing.  If no hearing is ordered, the attorney would then file a petition for reconsideration or application for review with the full Commission where the votes needed could be cast in this group's favor.  Failing that, as he had done before this would likely be appealled to the DC circuit.  The circuit could decide based on its previous decision in the CBS case to force a hearing at the Commission.  That would mean a lengthy case before the Administrative Law Judge with the same potential for appeals back to the full commission and/or to the circuit court of DC.

Now in terms of any evidence to suggest Fox management directed any false statements to be made, the group puts forth statements from a former disgrunted Fox executive Preston Padden that doesn't actually put forth any facts at all.  The entire statement is full of sentences which start, "In my opinion."  Opinion is not fact.

The Fox Corporation settled with Dominion and that is what makes things very scary indeed.  Will Murdoch cave to the FCC as well and allow the Fox Television Stations licenses to be revoked without a legal fight?  Will the group push for a deal to drop the petition to deny for tons of money?  FCC rules wouldn't actually allow that, however how things play out are yet to be seen.  One thing for sure is that this case should be on every single broadcaster's radar.  What they do here can be done to any other broadcaster.  If the FCC or the circuit court revokes the license of this station, the only hope would be an appeal to the Supreme Court of the United States declaring the entire FCC policy unconsititutional.  The First Amendment prevents the government from making any law, rule, or policy that abridging the freedom of speech, or of the press.  Unfortunately this has not stopped the government or the courts from doing exactly that as they have done in defamation cases.  The issue at hand is if the courts will make such exceptions again here, effectively compelling speech by broadcasters to conform to the ministry of truth that would be established should this case meet with success.
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