Podcasts have become a popular source for news, entertainment, and information. Pew Research found that just over half of U.S. adults say they have listened to a podcast in the past 12 months. Unlike traditional TV and radio, which are regulated by the Federal Communications Commission (FCC) because they use public airwaves, podcasts are distributed online and generally fall outside the agency’s authority—though they still must comply with laws on issues like copyright and defamation.
As podcasts grow in cultural influence, questions about censorship, regulation, and free speech have become more prominent. According to a YouGov survey, over half of Americans (55%) would currently describe the state of freedom of speech in the U.S. as somewhat or very bad, with only about one-quarter (27%) who would describe it as good.
Vegas Music Scene invited local podcasters to share their unfiltered perspectives on these issues. What follows are their views.
Dayvid Figler of “City Cast Las Vegas”:
“I think podcasts will remain relatively regulation-free until there comes a time when specific podcasts become acutely disfavored by a sensitive-to-criticism executive branch. I don’t see new regs akin to the FCC coverage happening overnight, but de facto ‘test bubbles’ through liberally worded ‘executive orders’ attempting to characterize the ‘offensive’ speech as outside the realm of First Amendment protections—or worse, treason.
While there would (hopefully) be enough pushback on it to render this effort ineffective (and not something even a right-leaning Supreme Court would want to take on), I think it could stow some very ‘anecdote’-driven conversation suggesting small tweaks to the rules of broadcast so they can be extended to qualifying* podcasts. In other words, even if regs are expanded to include some podcasts, it’s unlikely they could ever come up with a system of enforcement or monitoring that could cover all podcasts—no more than they could regulate all blogs.
It should be noted that podcasts, even without specific national regulations, are still subject to all the other sort of basket of defamation civil causes of action, as well as the sort of obscure laws used to criminalize ‘riotous’ speech for almost 100 years in the U.S.
I’m fortunate that the ‘City Cast Las Vegas’ network firmly believes in our mission and its service to the First Amendment. I have never specifically been told within the network that we can’t say or air something because it might offend an advertiser, elected official, listener, or any other person affiliated with the topic.
On the other hand, ‘City Cast’ follows a model of adherence to journalistic standards and has had briefings in the past from our legal counsel about the dos and don’ts within the podcast marketplace to escape critiques on bias or lawsuits. I guess it also helps that I’m a lawyer and don’t ever want to intentionally wander into the muck of someone suing us.
But the bottom line is that there are so many podcasts, the marketplace does a good job of shining a light on the more popular ones, and as such, there is already a great deal of scrutiny that protects the community of listeners. I do think that as any podcast grows, it should voluntarily adopt accepted ethical standards, be open and committed, take any tests, and join local, regional, and national organizations that provide certification for upholding these standards—or pull them when a podcast ‘crosses’ a line of sorts. This allows for more practical self-regulation and serves as a vehicle to make podcasts more trustworthy as time marches on.”
Shwa Laytart of “Avantpop Bookstore Presents…”:
“With the current governmental administration using the fascist playbook to narrate their Project 2025 agenda, there is no doubt in my mind that they will continue to threaten and control all aspects of the media. We have already seen them remove funding for public broadcasting, belittle and demean voices that disagree with them, and threaten large multinational media corporations that do not comply with their agenda. This is exactly what fascists do when trying to put a dictator in control.
This only benefits the rich, the elite, and those who value greed and power above all else. These individuals and corporations do not represent the people of a democracy. What we have seen so far is that ‘influencers’ who promote the fascist agenda have been allowed—and even promoted—to continue their social media content and platforms, while those who question or disagree with the current administration are being shadow-banned or taken off entirely.
All we need to do is look at which media companies were invited to the President’s inauguration. Those are the companies that will bend a knee to fascism. These are the media companies we need to avoid. The pressure is real, and the time is now to push back.”
Philip Tzeng of “The Las Vegas Fill Podcast”:
“I used to believe that podcasts would remain free from government oversight simply because there are too many to track—but considering how this administration has reacted to any voice that dares to challenge its warped vision for the country, I’m no longer so sure. The selective muting of dissent is no longer some far-off dystopian scenario; it’s right here, creeping in under our noses. It’s infuriating and sickening to see how Trump and his pack of sycophants have managed to gut and twist this country in just a few short months.
The only censorship that has happened on my podcast has been done by us, when we believed the topic or opinion might cause too much of a negative ripple in the community.”
Michael Wallace (a.k.a. Father Malone) of “Midnight Viewing The Horror Anthology Podcast”:
“Maybe it’s my hyperfocus on the horror genre that colors my worldview dystopian, but the separation between podcasters and broadcast television or radio offers no comfort at all. Any public displays by the FCC are ultimately theater. The fact is, turning off the means of our communication is as easy as shutting down our cable providers.
I’d like to note this is not a new fear of mine—it’s just been amplified of late. My show is an entertainment show dealing primarily with the fantastic, so politics are rarely a topic. But neither myself nor my guests have ever felt the need or pressure to censor ourselves. Nor will we—until that fateful day: Signal Lost.”
—–VMS xoxoxox