Fifth Circuit Sides with NRB in Effort to Protect Christian Broadcasters from Unlawful Employee Disclosure Requirements

NRB | May 21, 2025 | Press Releases

FOR IMMEDIATE RELEASE
May 21, 2025

FOR INFORMATION CONTACT:
presscenter@nrb.org

Fifth Circuit Sides with NRB in Effort to Protect Christian Broadcasters from Unlawful Employee Disclosure Requirements

WASHINGTON, D.C. (NRB) — On Monday, the Fifth Circuit Court of Appeals ruled that the FCC had overstepped its regulatory authority by attempting to force broadcasters to report the race, ethnicity, and gender of each of their employees. The decision marks a significant victory for the National Religious Broadcasters (NRB), which—along with one of its members, the American Family Association (AFA)—had filed a petition for review of FCC 24-18, the rule that reinstated the Form 395-B collection and disclosure requirements.

The following statement is attributable to Troy A. Miller, NRB president & CEO:

“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.” 

In May 2024, NRB sought the review of this order due to its constitutional violation of the equal protection component of the Fifth Amendment and Free Speech Clause of the First Amendment, the regulatory overreach of the FCC’s statutory authority, and the dangerous implication that this rule allows private employee data to be seen by third-parties who could weaponize it against Christian broadcasters.

“NRB is very encouraged by the Fifth Circuit’s strong defense of the First Amendment,” said Mike Farris, NRB general counsel. “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.” 

FCC Chairman Brendan Carr has stated that the FCC will not appeal the decision of the Fifth Circuit. NRB will continue in its legal and political efforts to fight for Christian communicators’ freedom to operate without unlawful government interference.

To interview Troy A. Miller or Mike Farris, please contact presscenter@nrb.org.

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NRB is a nonpartisan, international association of Christian communicators whose member organizations represent millions of listeners, viewers, and readers. NRB’s mission is two-fold: To protect the free speech rights of our members to speak Biblical truth by advocating those rights in governmental, corporate, and media sectors; and to foster excellence, integrity, and accountability in our membership by providing networking, educational, ministry, and relational opportunities. Learn more at www.nrb.org.

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