Federal Court Rules Against Biden Administration’s Reporting Requirements

A federal court issued a ruling on Monday that sided with religious and other broadcasting organizations against the Biden administration’s rules mandating annual reporting of employee gender and ethnicity.

The 5th Circuit Court of Appeals found that the Federal Communications Commission’s (FCC) “Workforce Diversity” rule, set to take effect in 2024, overstepped its statutory authority. This decision came in response to lawsuits from the National Religious Broadcasting Bureau and the Botanical Group, who argued that the mandates infringed upon constitutional rights. Brendan Carr, the FCC president appointed by Trump, expressed his approval of the ruling, emphasizing the need to terminate what he termed “leftist policies” within the agency that governs U.S. radio communications.

“The FCC’s decision for 2024 represented an illegal attempt to coerce businesses into discriminating by race and gender,” Carr stated. He claimed that the policy forced broadcasters to maintain “racial and gender scorecards.”

The National Religious Broadcasting Bureau, the American Family Association, and the Texas Broadcasting Bureau Association contended that the FCC’s order violated the equal protection and free speech clauses of the Constitution, suggesting that it granted unwarranted authority to Congress.

The plaintiffs characterized the rule as “arbitrary and whimsical,” a term often employed to critique regulations that contravene the Administrative Procedure Act. The court agreed, asserting that the rules exceeded the FCC’s authority and did not address other claims.

“This ruling helps to ensure that the government cannot establish backdoors to control broadcasters through public intimidation, allowing them to misuse private data or interfere with the constitutionally protected role of religious broadcasters,” a representative noted.

Mike Faris, general counsel for the group, remarked, “The previous administration’s ideology threatened free speech and association principles. Using government power to target political opponents, while justifying it for other legitimate purposes, is fundamentally un-American.”

The Biden administration previously argued that these regulations were essential for promoting demographic diversity and enhancing broadcasting efficacy.

“We agree with broadcasters about the significance of workforce diversity for competition and community service,” the Biden FCC had stated in defense of the rules. “Without objective industry data, it is impossible to evaluate changes and progress within the industry.”

At the time, the FCC clarified that it only intended to use the data for “industry analysis and reporting” and would not assess claims of discrimination.

Brendan Carr was appointed to lead the FCC by Trump shortly after his 2024 election victory. Carr, who is recognized as a “free speech warrior,” is also advocating for measures preventing businesses from unlawfully discriminating against job applicants and employees through its Diversity, Equity, and Inclusion (DEI) program.