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Judge blocks FTC probe into liberal media watchdog

The Federal Trade Commission building in Washington. MUST CREDIT: Wesley Lapointe/For The Washington Post  (Wesley Lapointe/For The Washington Post)
By Scott Nover Washington Post

A federal judge in Washington blocked the Federal Trade Commission from carrying out investigative demands against Media Matters for America, ruling Friday that the agency was likely violating the left-leaning media watchdog group’s First Amendment rights.

U.S. District Judge Sparkle L. Sooknanan issued a preliminary injunction against the probe, finding that the FTC’s demand for documents in a civil investigation constitutes retaliation for protected speech and a “straightforward First Amendment violation.”

Media Matters sued the FTC and its commissioners in June 23 over what it called a “campaign of retribution.”

While Sooknanan’s injunction doesn’t resolve the lawsuit, it signaled her conviction that Media Matters was likely to succeed on the merits of its case.

“It should alarm all Americans when the Government retaliates against individuals or organizations for engaging in constitutionally protected public debate,” wrote Sooknanan, a Biden appointee. “And that alarm should ring even louder when the Government retaliates against those engaged in newsgathering and reporting.”

In a statement Friday, Media Matters president Angelo Carusone said: “The court’s ruling demonstrates the importance of fighting over folding, which far too many are doing when confronted with intimidation from the Trump administration.” He called the case “a critical test for whether the courts will allow any administration – from any political party – to bully media and nonprofit organizations through illegal abuses of power.”

In opposing the court’s action in a July 28 court filing, the government wrote: “The notion that Media Matters is being singled out for its speech cannot withstand scrutiny.” It said the demand the FTC sent to Media Matters was one of 17 sent to various parties, all relating to “advertiser boycotts that may violate the antitrust laws.”

Several prominent companies pulled advertisements from X, the social media platform owned by billionaire Elon Musk, after Media Matters issued a report in November 2023 showing their ads appearing next to Nazi content. In response, X sued Media Matters for contract interference and disparagement. Once Donald Trump took office, Musk joined the administration to run the Department of Government Efficiency (DOGE) and served as a key adviser to the president until he left government in late May.

The FTC did not immediately respond to a request for comment.