Once again, a member of President Donald Trump's administration is threatening to punish private citizens for their speech using the power of the government.
Specifically, the chairman of the Federal Communications Commission (FCC) threatened broadcasters who dare to report on polls the president doesn't approve of. Even if the complaint were valid, it would be difficult to enforce without violating the First Amendment.
"During this election season, there has been a significant surge in entirely Fake Polls and Suppression Polls designed to do nothing more than interfere with the regular functioning of the electoral process and alter the normal patterns of voter turnout and enthusiasm," FCC Chairman Brendan Carr wrote on X. "Many journalists and broadcasters have been amplifying or airing these Polls without regard to basic journalistic ethics and without informing the public that those Polls lack a scientific, accurate, or even real basis."
Carr is directly adopting Trump's terminology, in addition to his erratic capitalization: The president often uses the term suppression polls to describe surveys that don't reflect in his favor. The implication is that these polls are manufactured to conceal or downplay enthusiasm for Trump or his preferred candidates, making it less likely that his supporters will turn out if they think it's a lost cause.
Carr doesn't single out any offenders, though there are some likely examples. This week, purported pollster Wedgewood Polls revealed that as part of an "experimental project," it had released surveys with "fabricated numbers" that were printed by outlets like FiftyPlusOne (which sussed out the fraud) and The New York Times.
Similarly, in August, Median Strategies withdrew two polls, then revealed that it had fabricated the results for a "social experiment."
Each scenario is deplorable. And depending on what promises were made, it's possible one firm or the other could face legal consequences.
But it's hard to see how a news outlet could face legal reprisal for just reporting the results of a survey it thought was conducted accurately.
"The FCC takes these issues seriously," Carr added. "Broadcasters are prohibited by the terms of their federal licenses from engaging in News Distortion or promoting Broadcast Hoaxes. It is important that broadcasters comply with their public interest obligations."
There are indeed rules against news distortion and broadcast hoaxes, but they're narrowly tailored to avoid conflicting with the First Amendment.
"News distortion 'must involve a significant event and not merely a minor or incidental aspect of the news report,'" according to the FCC. In addition, "broadcasters are only subject to enforcement if it can be proven that they have deliberately distorted a factual news report. Expressions of opinion or errors stemming from mistakes are not actionable."
The hoax rule, on the other hand, is even less applicable: It involves "broadcasting false information concerning a crime or a catastrophe," where the broadcaster "knows this information is false" and can foreseeably "cause substantial public harm" but airs it anyway, and the broadcast then "does in fact directly cause substantial public harm."
In other words, neither standard applies to a broadcaster that covered an inaccurate poll, especially without knowing at the time that it was wrong.
"Pollsters who intentionally mislead the public should answer for it, but broadcasters who report publicly available polling data should never be punished when a poll is wrong," Anna Gomez, the lone Democratic FCC commissioner, wrote on X. "FCC rules on news distortion or hoaxes do not apply to a station that reports this data in good faith."
Carr doesn't specify what he thinks should happen to any offenders, though since he tends to define "public interest" as whatever Trump says, we can make an educated guess.
Right before the 2024 presidential election, The Des Moines Register published a poll that found then–Vice President Kamala Harris leading Trump in Iowa by three percentage points. Trump ended up winning the state by 13 percentage points, but he was apparently so upset by the poll that he sued both the Register and pollster Ann Selzer, claiming the inaccurate survey constituted "brazen election interference" that violated the Iowa Consumer Fraud Act.
It was clear at the time that the lawsuit was completely meritless. Just as Carr suggested this week in his social media post, Trump was trying to create an exception to the First Amendment for "fake news."
"In the United States there is no such thing as a claim for 'fraudulent news,'" Robert Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression, wrote in a motion on the defendants' behalf. "No court in any jurisdiction has ever held such a cause of action might be valid, and few plaintiffs have ever attempted to bring such outlandish claims."
A judge agreed and dismissed the lawsuit last month.
"If someone is accurately reporting the results of a poll, that wouldn't be a false statement," UCLA law professor Rick Hasen told The Washington Post at the time. "The poll might have errors in it, but that wouldn't be a false statement."
That's as true then as it is now. Unless he can somehow prove that a broadcaster knew a pollster had faked a survey, there's no way Carr can punish someone for reporting on the results without running afoul of the First Amendment.
"Brendan Carr is not the journalism police. And he is just about the least qualified person in the country to lecture the press about journalistic ethics," Seth Stern, chief of advocacy at the Freedom of the Press Foundation, said in an emailed statement. "News broadcasters have a First Amendment right to report polling data, even if it proves to be inaccurate, just like they have a First Amendment right to report on Carr and Trump's own countless lies and distortions, even when they turn out to be inaccurate. FCC policies about hoaxes and distortions must be applied narrowly to avoid clashing with the Constitution, if they can be constitutionally applied at all."
The post FCC Chair Brendan Carr Echoes Trump, Threatens Broadcasters Over 'Fake Polls' appeared first on Reason Magazine.
California, Oregon, Washington and Hawaii health officials ask CDC, ‘prioritizing emerging technologies’, to reconsider
California and Washington asked the US Centers for Disease Control and Prevention (CDC) in May to validate a new way to test for measles – but after waiting two months, the CDC denied the request, citing “other competing priorities”, according to a letter from the West Coast Health Alliance to the CDC director, Erica Schwartz.
The letter, signed by health officials in California, Hawaii, Oregon and Washington, asks Schwartz to reconsider and validate a rapid, high-volume measles test in preparation for major outbreaks. The alliance also asked the CDC to create protocols to test for other high-priority pathogens to prepare for future outbreaks.
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© Photograph: Ronaldo Schemidt/AFP/Getty Images
© Photograph: Ronaldo Schemidt/AFP/Getty Images
© Photograph: Ronaldo Schemidt/AFP/Getty Images
Like most of American healthcare, kidney care has for decades been plagued by red tape. The Trump administration says it wants to change that. On Tuesday, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. announced his department's Kidney Care National Plan, which promises to introduce more competition, reduce regulatory barriers, expand patient choice, and overhaul America's kidney transplant system.
Much of the plan focuses on barriers to entry in dialysis care, which treats nearly 558,000 Americans. While dialysis can be performed at home, most patients receive treatment at specialized facilities, which must comply with federal certification requirements governing equipment, staffing, water quality, and patient safety in order to participate in Medicare.
Kennedy argues that regulatory barriers have discouraged competition and innovation, leaving patients with fewer dialysis treatment options. "Dialysis technology is an extraordinary technology," said Kennedy at the press conference, but "because of monopolies in the system and the barriers to new entrants, we have not seen any real improvements in that technology."
Of course, the existence of large or even monopolistic companies is not in itself evidence of a problem, but government regulation can often entrench those companies' positions in the market. "I like the fact that they're recognizing that a lot of regulatory…barriers are contributing to the problem, and that's refreshing to hear," says Jeffrey Singer, a practicing general surgeon and senior fellow at Reason Foundation, the nonprofit that publishes Reason. Singer says that removing barriers that prevent new companies from competing with established providers could not only increase choice but also drive down prices.
HHS says that two companies, DaVita and Fresenius Medical Care, control approximately 74 percent of the American dialysis market. As of 2019, roughly a third of Americans lived in areas where the only available dialysis provider was one of those two companies, according to the agency. The administration argues that government regulation has helped entrench this dominance by making it difficult for new providers to enter the market.
To address this, the Kidney Care National Plan suggests a number of reforms, including simplifying certification requirements. HHS also plans to investigate whether dominant dialysis providers have used payment arrangements and legal strategies to secure higher reimbursements without delivering better care.
The 17-page report calls for a review of existing requirements, but it does not specify which regulations will be repealed, nor does it establish a timeline for doing so. It also does not propose any significant reduction in the government's role in financing the distorted market. Instead, the plan largely seeks to make existing government-financed systems such as Medicare more competitive and efficient.
Kennedy has also correctly identified the need for reform regarding kidney donations. Nearly 90,000 people are waiting for a kidney transplant at any given time in America, and 11 people die every day waiting for a kidney. The transplant process is currently managed by Organ Procurement Organizations (OPOs), which are federally certified nonprofits responsible for recovering organs from donors and coordinating their transfer. There are currently just 55 federally designated OPOs operating in the United States, and HHS argues that they behave as "regional monopolies." Since no new OPOs have been approved in the last year, the Kidney Care National Plan suggests fast-tracking certification.
The plan also seeks to make living kidney donation easier by reducing financial barriers. Following the passage of the Honor Our Living Donors Act in February, HHS revised federal reimbursement rules so that a donor's eligibility for financial assistance is no longer determined by the transplant recipient's income. Eligible donors can receive up to $6,000 to cover expenses, including travel, lost wages, and childcare.
However, the reforms proposed stop short of allowing kidney donors to receive direct compensation for the organs themselves, which remains prohibited under federal law. "I can sell my blood. Why can't I sell my kidney?" Singer asks.
Peter Jaworski, director of the Georgetown Blood and Plasma Research Group, feels similarly, arguing that financial incentives are available to nearly everyone involved in kidney transplantation except the donors themselves. "According to this plan, it's OK to use incentives to encourage them to be more productive, to actually do a better job," Jaworski tells Reason, referring to transplant surgeons, hospitals, and organ procurement organizations. "The only exception, once again, is the donor who is offering a kidney."
Better solutions exist, according to Jaworski, who points to the proposed End Kidney Deaths Act. The bill, which was introduced by Rep. Nicole Malliotakis (R–N.Y.) last year, would offer living kidney donors a $50,000 refundable tax credit, distributed over five years. "We have those systems in order to make sure that we can treat patients. That's the point of blood donation. That's the point of plasma donation. That's the point of kidney donation too."
America's plasma market is an excellent example of financial incentives encouraging donation. Unlike many other countries, the U.S. allows plasma donors to be compensated, and despite accounting for just over 4 percent of the world's population, it supplies approximately 68 percent of the plasma collected globally for manufacturing medicines.
"Why do you think America does it? Is it because in America there's way more altruism than in France or Italy or Belgium? No, it's because in the United States you can be paid to donate plasma," argues Jaworski.
The Trump administration appears to recognize that government overreach has stifled competition and restricted patient choice. It also recognizes that living adults donating kidneys will be part of the solution to the long, deadly waiting lists. But its plan leaves the government's outsize role in kidney care largely untouched. For patients facing years on dialysis or waiting for a lifesaving transplant, recognizing the problem is not enough.
The post RFK Jr. Wants To Cut Red Tape in Kidney Care. He Should Go Further. appeared first on Reason Magazine.
Federal authorities allege state senator L Louise Lucas, a vocal Trump critic, led a ‘criminal marijuana enterprise’
Virginia state senator L Louise Lucas, one of the state’s most powerful Democrats, was charged on Thursday in connection with what federal authorities alleged was a role leading a criminal enterprise that acquired and distributed large quantities of marijuana and laundered the proceeds.
An indictment unsealed on Thursday charged Lucas and six other defendants, including several of her relatives, the Department of Justice said in a statement. Lucas surrendered on Thursday, a justice department spokesperson said.
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© Photograph: Ryan M Kelly/AP
© Photograph: Ryan M Kelly/AP
© Photograph: Ryan M Kelly/AP
The Supreme Court on Wednesday refused to let the Trump administration gradually end transgender-related medical services for prison inmates who want to be treated as members of the opposite sex.
The post Supreme Court Refuses to Let Trump Cut Transgender Inmate Care appeared first on Breitbart.
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