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Partisan rancor continues over Gigi Sohn’s historic FCC nomination

Committee urged to reject ‘homophobic and unfair attacks’

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U.S. Sen. Ted Cruz (R-Texas) (Washington Blade photo by Christopher Kane)

Gigi Sohn, President Joe Biden’s nominee for commissioner at the Federal Communications Commission, faced a contentious third hearing before the U.S. Senate Commerce, Science and Transportation Committee on Tuesday.

“I only ask to be treated the way other nominees were treated,” she told U.S. Sen. Marsha Blackburn (R-Tenn.), who questioned Sohn’s ability to act in an objective manner if confirmed given her history of working on behalf of public interest groups.

“The role of a policymaker is different from that of an advocate,” Sohn said, noting “[Former] Chairman [Ajit] Pai worked at Verizon, and I’m sure he was a fervent advocate for Verizon” during that time and prior to his tenure as FCC chair.

The contention that Sohn has been treated differently from other nominees has recently given rise to accusations of homophobia. Last week, the LGBTQ Victory Institute issued a letter with more than 375 signatories urging Congress to confirm Sohn’s nomination.

The letter cited right-wing media coverage that has sought to infer a link between Sohn and child sexual abuse and exploitation by virtue of her membership on the board of an organization that came out against child sex trafficking laws that, the group has argued, are ineffective.

However, remarks by Republicans on the committee Tuesday did not directly address these matters. For their part, Democratic members, beginning with Committee Chair U.S. Sen. Maria Cantwell (D-Wash.), took the opportunity to celebrate that Sohn made history as the first openly gay nominee for FCC commissioner.

Those remarks were echoed later by U.S. Sen. Tammy Baldwin (D-Wis.), who was the first openly LGBTQ woman elected to serve in the House as well as in the Senate.

“Millions of people across the country including myself are grateful for you continuing to pave the way for LGBTQ people who want to serve our country,” Baldwin said.

In a comment emailed to the Washington Blade shortly after the hearing on Tuesday, U.S. Sen. Ed Markey (D-Mass.) said, “Ms. Sohn has faced baseless attacks from industry-backed lobbyists and mouthpieces since President Biden nominated her.”

“Congress must reject the homophobic and unfair attacks on Ms. Sohn and confirm her as soon as possible,” Markey said.

During the hearing, Markey noted he has known Sohn for 30 years. “She is one of the single most qualified candidates for any position ever to come before the Commerce committee for confirmation,” he said.

Markey’s comments also spotlighted the important work in which Sohn will be engaged, if and when she is confirmed to serve on the FCC.

“The FCC has important work to do to bridge the digital divide, protect consumers, and ensure that every household in our country has access to a free and open internet upheld by strong net neutrality rules,” the senator told the Blade by email.

The FCC is an independent agency governed by a bipartisan slate of commissioners serving under Democratic Chair Jessica Rosenworcel. Several of the exchanges on Tuesday focused on how American consumers have been negatively impacted by the vacancy that has remained since Sohn was first nominated by Biden in October 2021.

U.S. Sen. Amy Klobuchar (D-Minn.) asked Sohn to explain why it was important to have a fully constituted FCC for the rollout of the bipartisan infrastructure law passed by Congress last year.

“Myriad ways,” Sohn said. “First, I would love to be able to help the FCC ensure they have the most accurate broadband map … Without that, money spent by [the] Commerce Department won’t go to the right places,” she said. “I could be an enormous help in that regard.”

Spokespeople from the Commerce Department did not immediately return a request from the Blade for comment.

Republicans on the Committee, beginning with Ranking Member U.S. Sen. Ted Cruz (R-Texas) focused their comments and questions on allegations that Sohn harbors deeply held prejudice against conservatives.

“There’s a reason we’re on our third nomination hearing,” Cruz said. “She’s shown herself to be a partisan and associated herself repeatedly with the most extreme views on the far-left.”

“She has engaged in extreme vitriol,” Cruz said. “She has deep ties to far-left organizations and has promoted anti-police views.”

Sohn repeatedly batted away these accusations, which were reiterated by other GOP members, by denying that she shares all of the views espoused by public interest groups with which she has associated.

She also denied there was any link between many of the matters discussed by opponents to her nomination and the actual work she would do at the FCC if confirmed. In many cases, Sohn pointed out that the agency does not have any domain over the issues raised by committee members.

Under questioning from Republican members about instances — many of which happened several years ago — in which she retweeted or otherwise seemed to endorse incendiary messages about conservative media figures and politicians, Sohn said “I will admit that some of my tweets have been sharp,” adding, “The country has changed a lot since 2016.”

Cantwell noted that despite her past tweets, Sohn’s nomination has been endorsed by the presidents of news networks OAN and Newsmax, which are billed as more conservative alternatives to Fox News.

Freshman U.S. Sen. J.D. Vance (R-Ohio) accused Sohn, by virtue of her past comments, of being part of a “weird trend to be very racialized, to criticize racial groups,” pointing to her decision to re-tweet acclaimed actor and comedian Issa Rae’s tweet calling former President Donald Trump a “raggedy white supremacist” who “would rather kill everybody than stop killing black people.”

Vance then turned his attention to comments made by Transportation Secretary Pete Buttigieg in the wake of a train derailment earlier this month in East Palestine, Ohio, by rail cars carrying toxic chemicals.

“We had a really bad train crash in Ohio,” Vance said. “We’re doing as much as we can to help constituents. But [Sec.] Buttigieg, instead of commenting on this, focused on [what he called] the ‘terrible scourge of too many white men in the construction industry.’ It was a terrible focus for the Secretary of Transportation.”

Andrés I. Jové Rodríguez contributed to this article.

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After Biden signs TikTok ban its CEO vows federal court battle

“Rest assured, we aren’t going anywhere,” CEO said

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TikTok mobile phone app. (Screenshot/YouTube)

President Joe Biden signed an appropriations bill into law on Wednesday that provides multi-billion dollar funding and military aid for Ukraine, Israel, and Taiwan after months of delay and Congressional infighting.

A separate bill Biden signed within the aid package contained a bipartisan provision that will ban the popular social media app TikTok from the United States if its Chinese parent company ByteDance does not sell off the American subsidiary.

Reacting, TikTok CEO Shou Zi Chew said Wednesday that the Culver City, Calif.-based company would go to court to try to remain online in the U.S.

In a video posted on the company’s social media accounts, Chew denounced the potential ban: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice,” Chew said. “Rest assured, we aren’t going anywhere. We are confident and we will keep fighting for your rights in the courts. The facts and the constitution are on our side, and we expect to prevail,” he added.

White House Press Secretary Karine Jean-Pierre adamantly denied during a press briefing on Wednesday that the bill constitutes a ban, reiterating the administration’s hope that TikTok will be purchased by a third-party buyer and referencing media reports about the many firms that are interested.

Chew has repeatedly testified in both the House and Senate regarding ByteDance’s ability to mine personal data of its 170 million plus American subscribers, maintaining that user data is secure and not shared with either ByteDance nor agencies of the Chinese government. The testimony failed to assuage lawmakers’ doubts.

In an email, the former chair of the House Intelligence Committee, U.S. Rep. Adam Schiff (D-Calif.), who doesn’t support a blanket ban of the app, told the Washington Blade:

“As the former chairman of the House Intelligence Committee, I have long worked to safeguard Americans’ freedoms and security both at home and abroad. The Chinese Communist Party’s ability to exploit private user data and to manipulate public opinion through TikTok present serious national security concerns. For that reason, I believe that divestiture presents the best option to preserve access to the platform, while ameliorating these risks. I do not support a ban on TikTok while there are other less restrictive means available, and this legislation will give the administration the leverage and authority to require divestiture.”

A spokesperson for U.S. Sen. Alex Padilla (D-Calif.) told the Blade: “Senator Padilla believes we can support speech and creativity while also protecting data privacy and security. TikTok’s relationship to the Chinese Communist Party poses significant data privacy concerns. He will continue working with the Biden-Harris administration and his colleagues in Congress to safeguard Americans’ data privacy and foster continued innovation.”

The law, which gives ByteDance 270 days to divest TikTok’s U.S. assets, expires with a January 19, 2025 deadline for a sale. The date is one day before Biden’s term is set to expire, although he could extend the deadline by three months if he determines ByteDance is making progress or the transaction faces uncertainty in a federal court.

Former President Donald Trump’s executive order in 2020, which sought to ban TikTok and Chinese-owned WeChat, a unit of Beijing-based Tencent, in the U.S., was blocked by federal courts.

TikTok has previously fought efforts to ban its widely popular app by the state of Montana last year, in a case that saw a federal judge in Helena block that state ban, citing free-speech grounds.

The South China Morning Post reported this week that the four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple said China had ordered it to remove Meta Platforms’s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

A spokesperson for the ACLU told the Blade in a statement that “banning or requiring divestiture of TikTok would set an alarming global precedent for excessive government control over social media platforms.”

LGBTQ TikToker users are alarmed, fearing that a ban will represent the disruption of networks of support and activism. However, queer social media influencers who operate on multiple platforms expressed some doubts as to long term impact.

Los Angeles Blade contributor Chris Stanley told the Blade:

“It might affect us slightly, because TikTok is so easy to go viral on. Which obviously means more brand deals, etc. However they also suppress and shadow ban LGBTQ creators frequently. But we will definitely be focusing our energy more on other platforms with this uncertainty going forward. Lucky for us, we aren’t one trick ponies and have multiple other platforms built.”

Brooklyn, N.Y.,-based gay social media creator and influencer Artem Bezrukavenko told the Blade:

“For smart creators it won’t because they have multiple platforms. For people who put all their livelihood yes. Like people who do livestreams,” he said adding: “Personally I’m happy it gets banned or American company will own it so they will be less homophobic to us.”

TikTok’s LGBTQ following has generally positive experiences although there have been widely reported instances of users, notably transgender users, seemingly targeted by the platform’s algorithms and having their accounts banned or repeatedly suspended.

Of greater concern is the staggering rise in anti-LGBTQ violence and threats on the platform prompting LGBTQ advocacy group GLAAD, in its annual Social Media Safety Index, to give TikTok a failing score on LGBTQ safety.

Additional reporting by Christopher Kane

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Smithsonian staff concerned about future of LGBTQ programming amid GOP scrutiny

Secretary Lonnie Bunch says ‘LGBTQ+ content is welcome’

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Lonnie G. Bunch III, secretary of the Smithsonian Institution, appears before a Dec. 2023 hearing of the U.S. Committee on House Administration (Screen capture: Forbes/YouTube)

Staff at the Smithsonian Institution are concerned about the future of LGBTQ programming as several events featuring a drag performer were cancelled or postponed following scrutiny by House Republicans, according to emails reviewed by the Washington Post.

In December, Secretary Lonnie G. Bunch III appeared before a hearing led by GOP members of the Committee on House Administration, who flagged concerns about the Smithsonian’s involvement in “the Left’s indoctrination of our children.”

Under questioning from U.S. Rep. Stephanie Bice (R-Okla.), Bunch said he was “surprised” to learn the Smithsonian had hosted six drag events over the past three years, telling the lawmakers “It’s not appropriate to expose children” to these performances.

Collaborations with drag artist Pattie Gonia in December, January, and March were subsequently postponed or cancelled, the Post reported on Saturday, adding that a Smithsonian spokesperson blamed “budgetary constraints and other resource issues” and the museums are still developing programming for Pride month in June.

“I, along with all senior leaders, take seriously the concerns expressed by staff and will continue to do so,” Bunch said in a statement to the paper. “As we have reiterated, LGBTQ+ content is welcome at the Smithsonian.”

The secretary sent an email on Friday expressing plans to meet with leaders of the Smithsonian Pride Alliance, one of the two groups that detailed their concerns to him following December’s hearing.

Bunch told the Pride Alliance in January that with his response to Bice’s question, his intention was to “immediately stress that the Smithsonian does not expose children to inappropriate content.”

“A hearing setting does not give you ample time to expand,” he said, adding that with more time he would have spoken “more broadly about the merits and goals of our programming and content development and how we equip parents to make choices about what content their children experience.”

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Survey finds support for Biden among LGBTQ adults persists despite misgivings

Data for Progress previewed the results exclusively with the Blade

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Former President Donald Trump and President Joe Biden (Washington Blade photo by Michael Key)

A new survey by Data for Progress found LGBTQ adults overwhelmingly favor President Joe Biden and Democrats over his 2024 rival former President Donald Trump and Republicans, but responses to other questions may signal potential headwinds for Biden’s reelection campaign.

The organization shared the findings of its poll, which included 873 respondents from across the country including an oversample of transgender adults, exclusively with the Washington Blade on Thursday.

Despite the clear margin of support for the president, with only 22 percent of respondents reporting that they have a very favorable or somewhat favorable opinion of Trump, answers were more mixed when it came to assessments of Biden’s performance over the past four years and his party’s record of protecting queer and trans Americans.

Forty-five percent of respondents said the Biden-Harris administration has performed better than they expected, while 47 percent said the administration’s record has been worse than they anticipated. A greater margin of trans adults in the survey — 52 vs. 37 percent — said their expectations were not met.

Seventy precent of all LGBTQ respondents and 81 percent of those who identify as trans said the Democratic Party should be doing more for queer and trans folks, while just 24 percent of all survey participants and 17 percent of trans participants agreed the party is already doing enough.

With respect to the issues respondents care about the most when deciding between the candidates on their ballots, LGBTQ issues were second only to the economy, eclipsing other considerations like abortion and threats to democracy.

These answers may reflect heightened fear and anxiety among LGBTQ adults as a consequence of the dramatic uptick over the past few years in rhetorical, legislative, and violent bias-motivated attacks against the community, especially targeting queer and trans folks.

The survey found that while LGBTQ adults are highly motivated to vote in November, there are signs of ennui. For example, enthusiasm was substantially lower among those aged 18 to 24 and 25 to 39 compared with adults 40 and older. And a plurality of younger LGBTQ respondents said they believe that neither of the country’s two major political parties care about them.

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