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NewsGuard Sues FTC Over Alleged Censorship and Antitrust Violations

2/8/2026, 3:14:48 AM

Overview of the Lawsuit

NewsGuard Technologies, Inc., a news media rating service, has filed a lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew Ferguson, claiming that the agency has misused its regulatory authority to suppress NewsGuard's speech. The lawsuit, initiated on February 6, 2026, alleges that the FTC's actions are unconstitutional and violate both the First and Fourth Amendments. NewsGuard contends that the FTC's investigation is a retaliatory measure prompted by complaints from Newsmax, a conservative news outlet that received a low reliability rating from NewsGuard.

Allegations Against the FTC

The lawsuit asserts that the FTC has engaged in a year-long campaign to censor NewsGuard, which includes demands for extensive documentation, such as emails and subscriber lists, dating back to the company's founding in 2018. Additionally, the FTC imposed conditions on the merger of Omnicom and Interpublic Group, prohibiting them from subscribing to or relying on NewsGuard's ratings. NewsGuard claims that these actions are not based on legitimate antitrust concerns but rather on a disagreement with its journalistic assessments, particularly regarding conservative publications.

NewsGuard's Position

NewsGuard's co-founders, Steven Brill and Gordon Crovitz, emphasize that the organization operates as a non-partisan entity, providing ratings based on transparent journalistic criteria. They argue that the FTC's actions are an unconstitutional attempt to dictate what constitutes acceptable speech. The lawsuit seeks a declaration that NewsGuard's rights have been violated and aims to prevent the enforcement of the merger conditions imposed on Omnicom.

Criticism and Opposition

The lawsuit highlights that while Newsmax has the right to criticize NewsGuard, it contends that the FTC should not act on behalf of a private entity to undermine another's speech. NewsGuard points out that its ratings are impartial, noting that some left-leaning outlets receive lower scores than right-leaning ones, such as Fox News scoring higher than MSNBC. This assertion aims to counter claims of bias against conservative media.

Official Statements & Responses

In their legal complaint, NewsGuard's attorneys argue that the FTC's actions represent a significant overreach of government power, stating, “The First Amendment does not allow the government to pick and choose speech based on what it likes or dislikes.” The lawsuit also references a previous case involving Media Matters, which successfully challenged a similar FTC investigation as retaliatory.

What's Next

The lawsuit seeks both a temporary restraining order and a permanent injunction against the FTC's actions. As the case progresses, it may set a precedent regarding the limits of government authority in regulating speech and the implications for media organizations facing scrutiny.

Verbatim Quotes

  • “The FTC “is brazenly using its power not for any issue concerning trade or commerce, but rather to censor speech.” — NewsGuard Attorneys
  • “While Newsmax has a constitutional right to criticize NewsGuard and lobby government officials, the First Amendment bars those officials from acting on Newsmax’s behalf in an attempt to snuff out NewsGuard’s speech,” — NewsGuard Lawsuit