KCBS under investigation for alleged broadcast of ICE agent locations in San Jose

A San Francisco-based radio station is under scrutiny by the Federal Communications Commission for allegedly broadcasting the live locations of Immigration and Customs Enforcement agents.

FCC probe

What we know:

FCC Chairman Brendan Carr lodged the investigation against KCBS after the station reportedly exposed the whereabouts of ICE agents in East San Jose and identified the unmarked vehicles they were using while conducting deportations. He referred to a broadcast from KCBS that aired on Jan. 26.

"This is really concerning, so what happened was you had ICE agents undercover doing operations in East San Jose, part of the town known for violent gang activity, and you had this radio station broadcasting the live location, identifying the unmarked vehicles that they were in," Carr said in an interview with "FOX & Friends."

Audacy, the parent company of KCBS, declined to comment on the investigation.

Carr said the broadcast ensued against the backdrop of Democratic leaders calling for those who oppose Trump's agenda to take their fights "to the streets."

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"We have sent a letter of inquiry, a formal investigation into that matter, and they have days left to respond to that inquiry and explain how this could possibly be consistent with their public interest obligations," Carr said,

The FCC is probing whether KCBS acted in violation of its FCC license agreement, which requires it to operate in the public interest.

Freedom of the press

What they're saying:

However, as lawyer David Loy of the First Amendment Coalition points out, KCBS has the First Amendment right to report on matters of public interest, including immigration and ICE activity.

"That specifically includes law enforcement operations occurring in a public place. The First Amendment protects the right to report the news. And part of the news is what the government is doing to enforce the law at any level local, state or federal, civil, criminal, and immigration," he explained.

He underlined that the government does not have the authority to dictate how the press or news agencies report information.

Why you should care:

The FCC's investigation into KCBS's report raises questions about the relationship between media agencies and the Trump administration moving forward.

"Just the fact of the investigation itself is a chilling effect on freedom of the press. The FCC does have a certain power to regulate broadcast media, but that power should never be used simply to crack down on the media because the government does not like what a story says," said Loy.

He called it an explicit attack on freedom of the press. Loy said that regardless of the outcome of the FCC investigation, the message is troubling.

"The threat of penalties is itself a deterrent and a chilling effect and a direct attack on freedom of the press," he said. "The government cannot be and should not be in the business of attacking the press through legal investigations or prosecutions simply because the government does not like what the press has to say."

ICE agents were spotted on two consecutive days, Jan. 26 and 27, and according to the community defense group Rapid Response Network, at least one person was detained during those operations. Federal officials have not confirmed if any, or how many, people were detained.

The Source: Fox & Friends, David Loy of the First Amendment Coalition, and previous reporting. 

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