Fake News: Can the President Go After the Licenses of 'Biased' News Networks?

WASHINGTON — This just in, President Trump isn't a fan of CNN, or NBC or many of the so-called "mainstream media outlets." 

But the president turned his ire up a notch with this tweet:

"Network news has become so partisan, distorted and fake that licenses must be challenged and, if appropriate, revoked. Not fair to public!"

Network news has become so partisan, distorted and fake that licenses must be challenged and, if appropriate, revoked. Not fair to public!

— Donald J. Trump (@realDonaldTrump) October 12, 2017

That tweet was in response to an NBC report that the president wanted to increase the US nuclear arsenal tenfold. 

While the president didn't say he would go after the licenses directly, his tweet did leave the door open for question. Can the president of the United States revoke a news network's license?

"The president can challenge a license just as any public citizen can do. He can write a letter to the FCC or just like you could write a letter to the FCC," said Dr. Jack Shock, professor of communications at Harding University. 

So the president can challenge a license, but not revoke. 

And there's another problem when it comes to network news, specifically. 

"Networks don't have licenses. Individual stations have licenses," Shock explained. 

So the president can challenge an individual station's license, which could pose a problem for the peacock network whose programs air on NBC affiliate stations across the country. 

But even then, it's up to the Federal Communications Commission, an independent agency made up of Democrats and Republicans not beholden to the president.   

According Jessica Rosenworcel, one of the five commissioners, a revoked license for what the president deems to be "fake news" isn't how the FCC operates.   

Not how it works.

See here: https://t.co/1JgiJyk5wK https://t.co/1aNpYsk7BG

— Jessica Rosenworcel (@JRosenworcel) October 11, 2017

The head of the FCC is Ajit Pai, a Trump appointee. He seemed to agree with his colleague on the commission. 

Pai stated the FCC, "under the law, does not have the authority to revoke the license of a broadcast station based on the content of a particular newscast."

So what can the president do about news reports he deems unfair or dishonest? 

In the past, the administration has hinted at "opening up libel laws" to make it easier to go after reporters using the court system. 

As it stands, libel would be a challenge for the president.

There are obstacles when it comes to proving defamation.

In particular, the burden of proof is higher for public officials. 

"The president would have to prove that he has been damaged in some way by a statement or a tweet or by news coverage. It's very hard to prove that the president of the United States has been damaged by a statement somebody has made. His life is very open, that comes with the nature of the job," Shock stated. 

And typically the higher one goes up on the government food chain, the less courts tend to rule in their favor.

However, in early 2017, Melania Trump went after the Daily Mail newspaper for disparaging claims about the first lady's past.  

According to the Associated Press, the lawsuit sought $150 million for damages but was settled for $2.9 million. 

In this case, Trump's lawyer argued the claims hurt the Trump brand and ability to garner a profit. 

"Plaintiff had the unique, once-in-a-lifetime opportunity, as an extremely famous and well-known person, as well as a former professional model and brand spokesperson, and successful businesswoman, to launch a broad-based commercial brand in multiple product categories, each of which could have garnered multi-million dollar business relationships for a multi-year term during which Plaintiff is one of the most photographed women in the world. These product categories would have included, among other things, apparel, accessories, shoes, jewelry, cosmetics, hair care, skin care and fragrance," the lawsuit stated.