Tag: Steven Brill

A ratings service says the FTC is trying to strangle it — and the First Amendment is now part of the fight

The headline reads like a legal thriller: a company that assigns "trust scores" to news websites has sued the Federal Trade Commission, accusing the agency of weaponizing regulatory power to cut it out of the advertising ecosystem. It's NewsGuard versus the FTC, fronted by Chairman Andrew Ferguson — and the dispute raises three big questions: who gets to police the media marketplace, when does regulation become censorship, and how much power do ad buyers and agencies hold over what counts as “acceptable” news?

Why this matters (hook)

• Advertisers funnel billions of dollars through a handful of ad agencies. If those agencies can't or won't buy inventory adjacent to particular outlets, the outlets' survival and audiences are affected.
• Independent evaluators like NewsGuard say they help brands avoid reputational risk and help readers assess reliability. Critics say these ratings can be subjective or politically skewed.
• When a regulator uses merger remedies or investigations that have the effect of freezing a ratings company out of the market, the stakes shift from commercial competition to free-speech and due-process questions.

Quick takeaways

• NewsGuard filed a lawsuit in early February 2026 alleging the FTC burdened it with sweeping document demands and inserted merger conditions that effectively bar major ad agencies from using its ratings. (Filed Feb. 6, 2026.) (washingtonpost.com)
• The contested merger remedy arose in the Omnicom–Interpublic transaction; the FTC’s order reportedly prevents those ad holding companies from basing ad buys on “journalistic standards or ethics” set by third parties — language NewsGuard says was crafted to target it. (washingtonpost.com)
• NewsGuard argues the FTC’s actions violate the First and Fourth Amendments and amount to government censorship of a private service. The FTC and some conservatives argue NewsGuard has a political slant and has inflicted commercial harm on certain outlets. (washingtonpost.com)

What NewsGuard does and why advertisers use it

NewsGuard, launched in 2018 by media veterans including Steven Brill and Gordon Crovitz, uses human journalists to score sites on nine transparency and credibility criteria and publishes a “nutrition label” explaining each score. Brands and agencies have used these ratings to reduce ad placement near sites they judge risky, and browser extensions surface those trust scores to consumers. NewsGuard emphasizes transparency in its methodology and publishes the criteria it applies. (newsguardtech.com)

Why advertisers care:

• Brand safety concerns: running ads next to fraudulent, extreme, or disinformation-filled content can cause reputational damage.
• Liability and client pressure: large advertisers increasingly demand oversight tools to demonstrate they’re avoiding harmful placements.
• Centralized buying power: big holding companies and ad agencies set de facto industry norms for what’s acceptable.

The FTC’s actions that sparked the lawsuit

According to NewsGuard’s complaint and reporting by The Washington Post, two lines of FTC activity prompted the suit:

• An extensive information demand: the FTC ordered broad disclosures of NewsGuard’s client lists, ratings deliberations, communications, and financials — an investigation NewsGuard says is so sweeping it chills its business and violates privacy and press protections. (washingtonpost.com)

• A merger condition in Omnicom–Interpublic approval: the FTC’s order included language preventing the combined agency from directing ad buys based on “adherence to journalistic standards or ethics established or set by a third party.” NewsGuard argues that language functions as a ban on companies using its ratings, effectively blacklisting the service. Newsmax and other conservative outlets publicly urged the FTC to broaden the language, which NewsGuard says revealed intent. (washingtonpost.com)

NewsGuard’s legal team frames these moves as retaliation driven by political disagreement, pointing to prior public criticism of the company by now-FTC Chair Ferguson. The company has asked a federal court to block enforcement of the merger condition and the investigative demand. (mediapost.com)

The competing narratives

• NewsGuard’s story: a neutral, transparent ratings firm is being targeted for its editorial judgments. The FTC is overreaching by using merger remedies and investigations to hobble a private business whose work touches on public discourse. That, NewsGuard says, raises free-speech and due-process problems. (newsguardtech.com)

• The FTC and critics’ story: regulators and some conservative outlets argue NewsGuard exercises editorial power that has real commercial effects and that its judgments may be politically biased. From this angle, the FTC’s scrutiny is about market power and potential exclusionary conduct — not censorship per se. Public comments from outlets like Newsmax influenced how the merger language was revised, suggesting industry players saw the remedy as relevant. (washingtonpost.com)

Both sides point to market realities: when ratings influence ad placement, they affect revenue flows. The novel legal wrinkle is whether a regulator may lawfully condition a merger or investigate a small ratings firm in a way that some regard as singling out protected speech.

Broader implications

• The case could reshape how third-party content evaluators operate in advertising markets. If agencies are barred from relying on such ratings, advertisers lose one tool for brand protection; if regulators are limited, they may be less able to police potential collusion or exclusionary tactics in ad buying.
• There’s a constitutional debate at the center: does the First Amendment protect the editorial judgments of a private ratings firm from regulatory interference? Conversely, do regulators have the authority to step in when a ratings product materially affects market competition or harms specific outlets?
• The dispute exposes how intertwined advertising, editorial judgments, and platform economics have become. A private score can effectively act like a traffic light for publishers; when government action changes who can see or use that traffic light, the ripple effects are political, commercial, and civic.

My take

This lawsuit sits at the intersection of market structure and speech. NewsGuard’s methodology is transparent and human-driven — that matters in an era of opaque algorithmic moderation — but its influence on advertisers gives its judgments real economic weight. Regulators worried about arbitrary exclusion in ad markets have a legitimate role; at the same time, wielding merger conditions or sweeping investigative powers in ways that single out a small player risks the appearance (and perhaps the reality) of viewpoint-based regulation.

The healthier path would be clearer rules and neutral standards for ad buyers and ratings services: transparent criteria (which NewsGuard publishes), robust appeals and correction processes for rated outlets, and merger remedies narrowly targeted at anticompetitive conduct rather than broad language that could be read as a blacklist. These guardrails would protect both market fairness and free expression.

Final thoughts

At stake is not only one company’s business but the architecture of trust in the information ecosystem. When ratings, advertisers, and regulators collide, the outcome will shape how audiences find reliable information and how publishers — of whatever stripe — survive. Courts will now have to weigh whether the FTC crossed a constitutional line or acted within its mandate to police markets. Either way, the case underscores that in today’s media economy, the line between commerce and speech is increasingly hard to draw.

Sources

• A company that rates news sites says the Trump administration is strangling it. The Washington Post (Feb. 6, 2026).
  https://www.washingtonpost.com/technology/2026/02/06/news-guard-ftc-censorship-lawsuit/ (washingtonpost.com)

• NewsGuard Sues FTC, Claims Omnicom/IPG Condition Unconstitutional. MediaPost (Feb. 9, 2026).
  https://www.mediapost.com/publications/article/412628/newsguard-sues-ftc-claims-omnicomipg-condition-u.html (mediapost.com)

• NewsGuard — Website Rating Process and Criteria. NewsGuard (last updated 2026).
  https://www.newsguardtech.com/ratings/rating-process-criteria/ (newsguardtech.com)

• NewsGuard Wants to Fight Fake News With Humans, Not Algorithms. Wired (Aug. 2018).
  https://www.wired.com/story/newsguard-extension-fake-news-trust-score/ (wired.com)