The FTC and FCC Join the Woke Right

by Norm Singleton

The term “woke right” is much in vogue in certain quarters of the conservative movement. The term refers to conservatives who react to challenges to their views—even, or especially if the challenge comes from one of their fellow conservatives—with the same hysteria and attempts to silence dissent as the woke left. Federal Communications Commission (FCC) Chair Brendan Carr and Federal Trade Commission (FTC) Chair Andrew Ferguson may have joined the “woke right,” as both men using the power of their respective agencies to punish businesses that are allegedly harming conservatives.

For example, media reports suggest that the FTC may conditionally approve the merger of Interpublic and Omnicom, two of the largest advertising agencies in the country, if the companies agree to a “consent decree [that] would prevent the merged company from boycotting platforms because of their political content by refusing to place their clients’ advertisements on them.” The way in which online ads are  placed can result in products being displayed on sites unlikely to reach the appropriate customers—such as an ad for Tesla at a website for those struggling with MDD (Musk Derangement Syndrome.)

Sometimes ads can inadvertently be placed on platforms that will involve the company in a political dispute, thereby alienating customers. In order to avoid this, advertisers have started to use “inclusion” and “exclusion” lists of content, more effective monitoring techniques, and formed coalitions allowing advertisers to share best practices. All of this is designed to help the companies serve their clients by making sure their ads are placed where they are most likely to be seen by the those most likely to buy the product—while not getting their client involved in controversy.

Unfortunately, some on the right, including Chair Ferguson, think the advertising industry’s real goal in taking these steps is to damage conservatives by “colluding to demonetize conservative platforms and voices.” FTC Chair Ferguson has recently launched an investigation into whether progressive media watchdog group Media Matters worked with advertising organizations to coordinate boycotts of sites friendly to conservatives. In addition, FCC Chair Carr has made it clear that he may block the purchase of Paramount (which owns CBS news, among other properties) by Skydance because of allegations that CBS News’ popular 60 Minutes edited their September interview with then-Vice President and Democrat presidential candidate Kamala Harris to make her look better.

Since Carr threatened to block the merger, there have been a number of resignations from 60 Minutes because they were pressed by the network to “go easy” on the Trump Administration so as not to derail the Skydance acquisition. Boycotts have been a feature of American politics since before the Revolution. Boycotts have been successfully used by the right, the left, and the center. As for the FCC’s threat to block Skydance’s purchase of Paramount—the First Amendment forbids government interference with news organizations.

Chair Ferguson and Chair Carr should consider how future progressive Chairs could then use FTC and FCC precedents they are setting to investigate conservative media and conservative groups that organize boycotts of companies promoting wokeness or other left-wing policies (so much for the next boycott of Bud Light). A progressive FCC could punish radio stations that exclusively air right wing talk shows. Chair Ferguson and Chair Carr’s use of the agency’s power to punish businesses for exercising their First Amendment rights in ways that displease the current administration may not survive a court challenge. Federal courts have ruled that government officials cannot deny someone a government benefit, such as a license, because of how they exercise their constitutional rights. It would seem that those precedents should apply in the Interpublic and Omnicom merger, as well as Skydance’s purchase of Paramount. Hopefully the FTC and FCC’s misguided attacks on the First Amendment will be struck down by the courts and the agencies will abandon “woke conservatism.”