One America News Network (OAN) is demanding two House Democrat lawmakers retract letters that it says sought to pressure television carriers into taking action against OAN and two other conservative- to right-leaning news channels.
OAN’s attorney Eric Early wrote to Reps. Jerry McNerney (D-Calif.) and Anna G. Eshoo (D-Calif.) on Thursday demanding that they publicly retract their letters by March 11. He warned that the network could pursue legal action if the lawmakers refuse to do so.
The lawmakers claimed that OAN, Fox, and Newsmax had spread “misinformation” after the November 2020 elections and about COVID-19, and demanded carriers explain why they are offering their services to these television outlets. One of the questions the lawmakers posed asked the carriers to explain the “moral or ethical principles” behind the decision for carrying the news channels. They also asked the companies whether they were planning to continue carrying the news networks.
Early argued that the lawmakers’ questions were “thinly veiled threats” in disguise aimed at pressuring carriers with OAN contracts to “de-platform or otherwise take action” against the news network. The lawmakers’ wording also puts pressure on potential carriers from entering into further contracts with the networks, he argued.
The lawyer also accused the lawmakers of infringing on OAN’s First Amendment right to free speech and free press by attempting to silence news organizations that present dissenting views to the Democrats.
“The authors of the letters have apparently forgotten the bedrock principles of our nation while taking positions to cancel OAN’s rights in a manner that would delight some of the most brutal dictators in world history. All of this on the letterhead of the Congress of the greatest Republic in human history,” Early said in an emailed statement to The Epoch Times.
He also alleged that the lawmakers’ letters are effectively interfering with OAN’s contractual relationships with the carriers, and argues that such conduct could expose them to potential tort liability.
“OAN will not sit idly by and watch as these elected officials and those acting in concert with them, trample all over the U.S. Constitution and OAN’s rights,” he added.
McNerney and Eshoo’s offices did not immediately respond to The Epoch Times’ request for comment on OAN’s letter.
“Here, we cherish free speech and a free independent press. We believe in dialogue and in the battle of ideas. Rather than censor and silence constitutionally protected speech, the answer is more speech. That’s the American way.”
“This is a chilling transgression of the free speech rights that every media outlet in this country enjoys,” Carr said in his statement.
McNerney and Eshoo have both defended their letters. Eshoo pushed back on claims that they had violated the First Amendment.
She said she had asked First Amendment experts at the Congressional Research Service to review their letters for violations, and that the experts informed her their preliminary analysis did not find any “First Amendment red flags.”
“I’d like this to be understood, the idea that members asking questions violates the First Amendment is absolutely absurd. It’s our job to ask questions,” Eshoo said during the Feb. 24 hearing.
Similarly, McNerney said the letters sought to understand how “disinformation spreads” and the role of various companies in enabling that spread.
