The Fifth Circuit Court of Appeals has overturned a 2024 order from the Federal Communications Commission requiring radio and television stations to report race, ethnicity, and gender data on Form 395-B. The ruling, issued May 19, declared that the FCC lacked the statutory authority to enforce the mandate, delivering a significant legal setback to the Biden Administration’s regulatory agenda.
The court’s decision responded to challenges filed by the National Religious Broadcasters, the American Family Association, and the Texas Association of Broadcasters. Writing for the court, Chief Judge Jennifer Walker Elrod stated that while the FCC’s mandate claimed to serve the public interest, the agency overstepped its bounds. “Public interest is merely the ‘touchstone’ for FCC action,” the court wrote. “That authority must be linked to a distinct grant of authority contained in its statutes.”
Form 395-B, unused since 2002, was previously suspended after courts ruled that the FCC’s equal employment rules could lead to unconstitutional pressure on stations to make race-based hiring decisions. In 2024, then-Chairwoman Jessica Rosenworcel revived the form, arguing that the collected data would be used only for trend analysis and reporting to Congress—not enforcement. The updated form introduced modern categories, including non-binary gender options and a “two or more races” classification.
Critics, including the National Association of Broadcasters, opposed the FCC’s plan. They argued that making this data public could lead to indirect pressure on broadcasters to adopt demographic-based hiring practices. There were also concerns about employee safety, especially for individuals identifying as non-binary, who might face harassment or unwanted attention from public disclosures.
The court sided with the challengers, ruling that the FCC could not compel such disclosures without a clear congressional directive. As a result, the court vacated the entire 2024 order and barred the agency from resuming data collection unless Congress passes new legislation.
FCC Chairman Brendan Carr welcomed the decision, calling it a victory for business autonomy and a rebuke of overreach. He reiterated his original dissent to the order, stating that the FCC’s attempt to require “race and gender scorecards” was unlawful and politically motivated.
Texas Association of Broadcasters President Oscar Rodriguez praised the ruling, noting it validates the group’s legal efforts and reaffirms broadcasters’ ability to focus on community service without undue regulatory interference.