Earlier this year, the Federal Communications Commission voted to resume collecting employee race and ethnicity data from broadcasters after a 20-year pause. A group of religious broadcasters has asked the U.S. Court of Appeals for the Fifth Circuit to block the FCC from collecting the data.
The National Religious Broadcasters, the American Family Association, and the Texas Association of Broadcasters assert that:
- the Communications Act does not authorize the data collection;
- the order violates the Constitution’s Equal Protection clause by compelling broadcasters to categorize employees on the basis of race, ethnicity, and sex; and
- the order is arbitrary and capricious.