FCC commissioner says Biden’s 'disinformation board' is 'unconstitutional'

20 Republican-led states threaten legal action against DHS

FCC Commissioner Brendan Carr blasted the Department of Homeland Security's new Disinformation Governance Board to combat online disinformation on Monday, calling it "Orwellian," "un-American" and "unconstitutional."

Carr made the argument on "Mornings with Maria" on Monday, stressing that the disinformation board should be shut down. 

He also argued that "there is a broader game afoot." 

Carr provided an example: "You have [White House press secretary] Jen Psaki from the White House podium saying they are coordinating with Big Tech to take down posts, flagging posts for them."

Department of Homeland Security (DHS) Secretary Alejandro Mayorkas announced during testimony late last month before the House Appropriations Subcommittee on Homeland Security that DHS had created the Disinformation Governance Board.

"The goal is to bring the resources of (DHS) together to address this threat," Mayorkas said during the hearing, adding that the department is focused on the spread of disinformation in minority communities ahead of the 2022 midterm elections.

Federal and state lawmakers, constitutional scholars and other experts are expressing concerns with the Department of Homeland Security's new misinformation board, which they argue is the Biden administration's attempt to stifle free speech.

In fact, Republican-led states are threatening legal action against the Department of Homeland Security's (DHS) new "Disinformation Governance Board," which they also deem "un-American" and chilling to the free speech of Americans.

Virginia Attorney General Jason Miyares is leading GOP attorneys general in sending a letter to Mayorkas demanding that the department "cease taking action" contributing to a "chilling effect" on free speech.

"This is an unacceptable and downright alarming encroachment on every citizen’s right to express his or her opinions, engage in political debate, and disagree with the government," wrote the 20 attorneys general in a letter exclusively obtained by Fox News Digital.

The Republicans raised concerns over the timing of the board's creation, saying it comes after the Biden administration has "flagged problematic posts" on social media and worked with Big Tech companies and the private sector to take down "misinformation" off its platforms.

In addition, they say the timing is suspect due to Tesla CEO Elon Musk's recent acquisition of Twitter, and his commitment to ensuring free speech and transparency on the platform.

"This is a broader effort by this administration to drive dissent from the public square," Carr argued, stressing that that is why he is "glad" that the attorneys general are trying "to get to the bottom of this."

FCC Commissioner Brendan Carr slams the Department of Homeland Security's new Disinformation Governance Board to combat online disinformation, calling it "Orwellian" and "unconstitutional." (ZUMA PRESS; BLOOMBERG NEWS)

"I think it’s pretty clear that there is coordination happening and if there is, then that does potentially make these entities state actors, which means they’re limited by the First Amendment," he continued.

Carr also slammed the choice for disinformation chief Nina Jankowicz on Monday. 


Jankowicz is in charge of the Department of Homeland Security's governmental effort to fight online disinformation on such issues as elections and coronavirus. The board also hopes to counter misleading information used by human smugglers to target migrants trying to cross into the United States, according to the DHS.

Jankowicz has a history of being a partisan actor, having openly supported Biden and Hillary Clinton in the past two elections. She's praised Christopher Steele on Twitter as an expert on the origins of disinformation and she's called the Hunter Biden laptop story "alleged" and likely part of a Kremlin influence operation.

"This type of board was always going to be a dumpster fire, but the particular director they chose to run it is just throwing more gas on it," Carr argued on Monday. 

When FOX News reached out to DHS for comment on the new disinformation board earlier this month, a spokesperson pointed to Sec. Mayorkas’s comments on "Fox News Sunday."

Mayorkas acknowledged that there is "no question" that the department "could have done a better job in communicating" what the board does.

"This is a working group that takes best practices to make sure that in addressing disinformation that presents a threat to the homeland, does our work, does not infringe on free speech. Does not infringe on civil rights, civil liberties," Mayorkas added. "It's not about speech. It's about the connectivity to violence."


"That is what we need to address," he continued. "An individual has the free speech right to spew anti-Semitic rhetoric, what they don't have the right to do is take hostages in a synagogue. And that's where we get involved."

The White House defended the DHS board last week saying that it would operate in a "nonpartisan," "apolitical" manner.

DHS did not immediately respond to Fox News Digital's request for comment on the letter from the attorneys general on Monday. 


Fox News’ Kelly Laco, Kelsey Koberg and David Rutz contributed to this report.