Two prominent organizations, the National Religious Broadcasters (NRB) and the Zionist Organization of America (ZOA), have filed amicus curiae briefs supporting Newsmax and other petitioners seeking to block the FCC's approval of Nexstar's acquisition of TEGNA broadcast stations.
The briefs filed with the U.S. Court of Appeals for the D.C. Circuit challenge a March 19, 2026, order by the FCC's Media Bureau at the behest of chair Brendan Carr that approved the transfer of broadcast licenses to Nexstar.
The FCC approval, plaintiffs argue, violates federal law and accelerates dangerous consolidation in the television industry.
If approved, Nexstar would be the largest broadcasting group in the nation, owning 260 stations across 44 states. The liberal-leaning company would own more stations than those owned by NBC, ABC, CBS, and FOX combined.
At the center of the dispute is the statutory 39% national television ownership cap — a limit set by Congress in 2004 that restricts how much of the U.S. audience a single broadcast company may reach.
The cap was established during the Reagan administration to block television networks from owning all or most of the TV licenses in the country.
Both amicus briefs filed Friday argue that the FCC lacks authority to waive or bypass this cap and that doing so would undermine congressional intent.
Also, CPAC had previously filed an amicus with the Newsmax case, arguing that the FCC’s unusual process of waiving the federal statute — along with its furtive efforts to approve the merger — followed by an unprecedented closing just minutes after, should move the court to stay the transaction.
Meanwhile, this weekend, Federal Judge Troy Nunley in the Eastern District of California granted a temporary restraining order (TRO) to halt further integration of the Nexstar–TEGNA merger.
The case was brought by DirecTV, citing immediate and potentially irreversible competitive harm if the transaction was allowed.
The court acted after finding that plaintiffs had raised serious antitrust concerns, including that the merger would combine the two largest broadcast station groups in the country, creating unprecedented market concentration.
The judge accepted arguments that this scale would give Nexstar excessive leverage over distributors like DirecTV, enabling it to demand higher retransmission fees that would ultimately be passed on to consumers.
The court also emphasized the risk of irreparable harm if the merger proceeded during litigation.
Plaintiffs argued — and the judge agreed — that once integration occurs, it would be extremely difficult to unwind the deal, justifying immediate injunctive relief.
Additionally, the ruling pointed to broader public-interest concerns, including reduced competition in local television markets, potential newsroom cuts, and diminished local journalism.
Plaintiffs in the Washington, D.C., suit are also asking the federal court to stay the merger and to prevent the combination.
"The Commission may not override the express mandate of Congress," the NRB amicus brief states, emphasizing that the 39% cap is codified in law and cannot be altered by agency discretion.
The group argues that Congress deliberately removed the FCC's authority to modify the cap, meaning any change must come legislatively, not through administrative action.
Both NRB and ZOA urge the court to issue a stay halting the merger while litigation proceeds, warning that allowing the deal to move forward would cause irreversible harm.
NRB argues that once consummated, the merger would be "effectively irreversible," making it nearly impossible to unwind even if the court later finds the FCC acted unlawfully.
The group warns that consolidation would raise costs, reduce competition, and force smaller broadcasters — particularly independent and faith-based outlets — out of the market.
Similarly, ZOA contends that the merger would further concentrate control of broadcast media in ways that diminish local coverage and accountability.
The organization points to broader industry trends showing that consolidation leads to newsroom cuts and reduced local reporting capacity.
A central theme in both filings is the importance of preserving localism and viewpoint diversity — longstanding pillars of U.S. broadcast policy.
NRB, representing more than 1,000 Christian broadcasters reaching an estimated 141 million Americans weekly, argues that independent stations operate under fundamentally different economic conditions than large national groups.
Consolidation, it says, disadvantages these smaller operators by driving up programming costs, concentrating advertising markets, and limiting access to distribution platforms.
The brief further notes that evolving media dynamics, particularly the shift from traditional cable systems to streaming platforms, have already weakened independent broadcasters.
Larger conglomerates are better positioned to secure carriage and negotiate favorable terms, exacerbating disparities.
ZOA, the oldest pro-Israel organization in the U.S. and headed by Morton Klein, echoes these concerns, focusing on the societal consequences of reduced local news coverage.
The organization argues that consolidation risks suppressing important local and international stories, including coverage of antisemitism and global events affecting American communities.
Both amici underscore that the national ownership cap is not merely a regulatory guideline but a statutory safeguard enacted by Congress to prevent excessive concentration of media power.
NRB argues that by attempting to circumvent this limit, the FCC's Media Bureau has effectively "rewritten the statute," a move the group says exceeds its authority.
Critics of the merger warn that ignoring the cap could open the door to unprecedented consolidation, allowing a single entity to control a dominant share of the national television audience.
The court has not yet scheduled oral arguments.
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