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FCC Faces Legal Pushback Over Diversity Data Collection
The FCC has requested the Fifth Circuit to dismiss legal challenges from broadcasters regarding its data collection rule, asserting that the 1992 CABLE ACT grants it authority to gather workforce diversity data. The FCC states the data is for regulatory use and does not infringe on broadcasters’ First or Fifth Amendment rights.
The updated requirement, passed in FEBRUARY by a 3-2 vote, also includes new racial categories and a “non-binary” gender option alongside traditional male and female classifications.
THE NATIONAL RELIGIOUS BROADCASTERS (NRB), AMERICAN FAMILY ASSOCIATION (AFA), and TEXAS ASSOCIATION OF BROADCASTERS (TAB) disagree, arguing that the FCC has exceeded its authority, and the rule is unconstitutional. They oppose making the data publicly accessible, fearing unnecessary scrutiny. The case is now before the Fifth Circuit, with the FCC postponing Form 395-B filings until further notice.