A panel for the Fifth Circuit found that the prior administration’s initiative to collect race, gender, and ethnicity data from faith-based communicators serves no legitimate government purpose and violates the Constitution.
A federal appeals court has ruled that the Federal Communications Commission (FCC) lacks the authority to require broadcasters to disclose employee demographic data, delivering a significant victory to religious broadcasting organizations.
Last week, the U.S. Court of Appeals for the Fifth Circuit issued a unanimous decision vacating the FCC’s 2024 order requiring broadcasters to submit Form 395-B, which collects information on employees’ race, ethnicity, and gender.
The court found that the FCC overstepped its statutory authority, siding with the National Religious Broadcasters (NRB), the American Family Association (AFA), and the Texas Association of Broadcasters (TAB), which had all challenged the mandate.
Chief Judge Jennifer Walker Elrod, writing for the panel, stated that while the FCC has broad authority to act in the public interest, it must be linked to a specific grant of power in its statutes.
“The FCC does not explain how compiling data on sex- and racial-employment trends in the broadcast industry serves any of those targets,” Elrod write. “FCC does not cite any provision authorizing it to collect employment data from broadcasters.”
The court also referred to the 1998 case Lutheran Church-Missouri Synod v. Federal Communications Commission, et al., wherein the D.C. Circuit Court struck down FCC requirements for broadcasters to implement equal employment opportunity outreach programs for women and minorities, ruling that they are unconstitutional.
The Fifth Circuit noted that even if the 1992 Cable Act had ratified the FCC’s ability to collect the data, Congress had tied that authority to equal employment opportunity regulations that are no longer in effect.
In February 2024, the FCC voted 3-2 to reinstate Form 395-B, which had been suspended since 2001. The commission argued that collecting demographic data was necessary to analyze and understand the broadcast industry workforce and to prepare reports to Congress. The order emphasized that collecting this information would support a greater understanding of the industry and align with broader shifts toward transparency regarding diversity, equity, and inclusion in corporate America and government.
The NRB and other groups pushed back, claiming that the FCC’s order exceeded its statutory authority and violated constitutional protections. They expressed concerns that the public disclosure of demographic data could lead to third-party weaponization of the information to target specific broadcast stations.
NRB President Troy A. Miller responded to the court’s decision by saying,
“NRB has always fought to protect Christian communicators from baseless attempts to restrict their First Amendment liberties, which hinder their work of proclaiming the Gospel. This ruling helps ensure that the government cannot create a backdoor to control broadcasters through public intimidation, misuse private data against them, or interfere with the sacred and constitutionally protected mission of religious broadcasters.”
NRB General Counsel Mike Farris added,
“The prior administration had elevated woke ideology over time-honored principles of freedom of speech and association. The desire to use the power of government to gather information for no other legitimate governmental purpose but to harm the political opponents of regulated entities is utterly un-American. That threat is now behind us thanks to this decision from the Fifth Circuit.”
By contrast, FCC Commissioner Anna M. Gomez, who had supported the reinstatement of Form 395-B, expressed disappointment with the ruling but nonetheless lauded the court’s rejection of the use of DEI ideology for the purposes of weaponization. In a statement, she said,
“It’s a shame the court struck down reasonable transparency measures designed to shed light on the media market. But its broader message was unmistakable: the current FCC has no right to weaponize its authority against lawful, merit-based hiring decisions by private companies or target them because of their use of terms like diversity, equity, and inclusion.
The FCC’s ideological crusade has never been about fairness — it’s about control. It’s a new and dangerous form of speech policing that has no place in a free society. We must continue to defend the First Amendment from those who use it as a weapon against the very freedoms it protects.”
The court’s decision effectively stops the FCC’s efforts to collect and publicly disclose employment demographic data from broadcasters. Unless Congress enacts new legislation granting the FCC explicit authority to require such disclosures, the commission cannot mandate the submission of Form 395-B.
This court decision is a reaffirmation of the freedom that allows Christian communicators to proclaim the Gospel without fear of coercion. As believers, 2 Corinthians 3:17 reminds us that “where the Spirit of the Lord is, there is freedom.” That freedom must include the liberty to operate ministries according to biblical beliefs and hire only those who share those biblical beliefs.
While diversity and fairness in the workplace are worthy goals, they must never come at the expense of religious liberty or the autonomy of ministries to operate in obedience to God’s Word. The FCC’s attempt to mandate demographic reporting without a clear legal basis raised serious concerns about the potential misuse of such data against faith-based broadcasters who hold to biblical views on gender and identity and other issues.
Jesus warned in Matthew 10:16 that we must be “wise as serpents and harmless as doves” and always alert to attempts to undermine the church’s mission through bureaucratic pressure.
This case is a reminder that Christians must remain vigilant in their stewardship of the freedoms entrusted to them. The ability to speak truth in love, share Christ’s hope, and live out our callings without intimidation is a spiritual mandate. We must pray for those on the frontlines defending these liberties and remain engaged in protecting religious freedom and freedom of speech in all formats and forms of communication.
As Paul urged Timothy, “Preach the word; be ready in season and out of season” (2 Timothy 4:2). This ruling helps ensure that Christian broadcasters can continue their ministry without compromise or interference.
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