Daniel Mercer
During his campaign, Donald Trump made a controversial remark suggesting he could stand in the middle of Fifth Avenue in New York City and shoot someone without losing support. While that claim remains untested, Federal Communications Commission (FCC) chair Brendan Carr has distanced himself from any involvement concerning Trump’s and Secretary of Defense Pete Hegseth’s initiative to livestream an execution, even if it broadcasts across national airwaves.
To provide context: The FCC oversees the regulation of spectrum but has limited authority over the content transmitted through it. Historically, the agency seldom enforces the equal opportunity rule, which mandates that stations providing airtime to one political candidate must offer similar access to others. It can fine or penalize broadcasters who fail to disclose sponsorships or air obscene content. Since 1949, the FCC has asserted its power to combat “news distortion,” claiming this authority stems from its “public interest” mandate, although it never received explicit legislative approval for these actions. The FCC has only exercised this power a mere eight times in the past. Following the Supreme Court’s restrictions on the FCC’s indecency policy in 2012, the agency has been relatively restrained in its content enforcement.
Under Carr’s leadership, who demonstrates a keen interest in directing broadcasters, the FCC has aggressively utilized its authority against networks that Trump perceives as adversaries. Carr has even threatened to revoke broadcast licenses due to unfavorable coverage regarding the conflict with Iran. when it comes to Hegseth’s announcement that the Pentagon will livestream the execution of Fort Hood shooter Nidal Malik Hasan by firing squad—effectively broadcasting a violent act for propaganda—Carr expresses no objections.
Hegseth has publicly stated his commitment to ensuring “that people are able to watch it,” yet he left it ambiguous whether the Pentagon would restrict the execution to online streaming or if he intends for it to be aired on television networks. Carr mentioned on CNBC that he had no evidence indicating the execution would be scheduled for broadcast (currently set for December 3), but he remains deferential to Hegseth’s decisions:
“My understanding is it’s not on broadcast TV, so I don’t think there’s a role for the FCC one way or the other. But I trust Secretary Hegseth. He’s implemented the laws and the regulations that are relevant to the Department of War, and I think he’s doing a great job, and I trust that he’s making the right call on these issues.”
“Ultimately we’re going to defer to Secretary Hegseth and his decisions on how to move forward with this.”
Nidal Malik Hasan, responsible for the deaths of 13 unarmed individuals and injuring 32 others during the 2009 Fort Hood terror attack, did not present a defense during his trial. He has suggested that execution could transform him into a martyr, having apparently failed to achieve martyrdom in 2009 when he survived being shot and paralyzed by responding law enforcement.
The last public execution sanctioned by the state in the U.S. occurred in 1936 when a Black man was hanged in Kentucky for raping an elderly white woman. This event attracted a crowd of approximately 20,000 spectators, many of whom likely shared the morbid curiosity that historically surrounded public lynchings in the South. An actual broadcast of an execution would be unprecedented. Trump and Hegseth seemingly endorse the idea because they believe it projects toughness and masculinity, yet even authoritarian regimes that conduct public executions, such as Iran, North Korea, and Saudi Arabia, typically refrain from filming and distributing these events. Such actions are more akin to the behavior of mass shooters utilizing GoPros or terrorist groups like ISIS.
Currently, the U.S. lacks state-owned broadcasters apart from the Voice of America, which primarily serves foreign audiences and operates on a limited scale. Trump, Hegseth, and Carr do not possess the authority to mandate other television stations to air the execution. the decision to broadcast the execution falls to network executives and individual station managers, who may opt against airing it due to moral considerations beyond just potential fines.
The announcement has raised concerns among some Republicans in Congress, who typically align with the White House but have expressed criticism. Vice President JD Vance has commented that while he believes “that people don’t forget that [Hasan] is a guy who brutally murdered a lot of innocent people,” he will not watch any livestream of an execution.
Trump informed reporters on Friday that “I really don’t care how [Hasan] goes, as long as he goes,” without directly endorsing the idea of a livestream. This leaves open the possibility that the administration might reconsider its stance. The execution date falls about a month after the upcoming election, and should Democrats regain control of the House and/or Senate, Hegseth’s livestream proposal is likely to become a target for scrutiny.
Ethan Carter
