BC Freedom of Information and Privacy Association
Your Data Your Rights
As media organizations go, NewsGuard cuts a low public profile as it follows its mission of issuing credibility ratings about news outlets. The Trump administration knows about it, though, and the company has joined a lengthening list of journalism organizations to face the White House’s wrath.
A dispute between President Donald Trump’s regulators and the news monitoring service has spilled into court, with NewsGuard Technologies suing the Federal Trade Commission and its chairman, Andrew Ferguson, to shut down an investigation. The FTC accuses the company of trying to suppress conservative speech. NewsGuard says it is being forced to kneel before vindictive power.
Since Trump returned to office in January 2025, the Republican administration has fought The Associated Press in court over the outlet’s claim it is being punished for not adopting his preferred name for the Gulf of Mexico; settled with CBS News’ corporate parent in a dispute over “60 Minutes” editing; sued The Wall Street Journal for its reporting on Trump and Jeffrey Epstein; and is in a legal fight with The New York Times over Pentagon reporting restrictions.
NewsGuard’s lawsuit, filed last month in U.S. District Court in the District of Columbia, accuses Trump’s FTC of “brazenly using its power not for any issue concerning trade or commerce but rather to censor speech simply because it disagreed with NewsGuard’s judgments about the reliability of news sources.”
The FTC calls NewsGuard’s accusations “untethered from both law and fact.”
The FTC, normally low-key, is busier under Trump
Like the Federal Communications Commission under Brendan Carr, Ferguson’s FTC is a normally sleepy federal agency that has sprung to life to address issues of importance to Trump and his supporters, particularly involving the media. The FCC has launched investigations of media companies and this weekend Carr, responding to a Trump complaint about negative coverage of the Iran war, warned broadcasters “running hoaxes and news distortions” to correct course or see their licenses threatened.
Ferguson has made no secret about where he takes his cues. He said in an interview in July that “I am a law enforcer, and I will follow the law. But the policy priorities are set by the man the people chose to run this government.”
The liberal lobbying group Media Matters for America was one of his targets. A federal judge last summer halted an FTC investigation over efforts to promote advertising boycotts of companies the group opposes, saying the inquiry violated MMA’s free speech rights.
While NewsGuard may not be a big name, money is at stake for news outlets friendly to the president. The company began in 2018, started by Court TV founder Steven Brill and Gordon Crovitz, a former Journal publisher. NewsGuard uses journalists to examine thousands of news outlets and websites, giving them ratings based on the credibility and reliability of their journalism.
A monthly subscription costs $4.95. Much of its business comes from companies that advise advertisers where to hawk their products, showing them which news sites may be toxic to their brands, and artificial intelligence companies looking to see where they would be more likely to find information they could trust.
Making a powerful enemy in Newsmax
NewsGuard made an enemy of the Trump-friendly television network Newsmax, giving its website a 20 on a scale where 100 is the best score. NewsGuard says “this website is unreliable because it severely violates basic journalism standards.” Newsmax has since repeatedly urged Republican lawmakers or regulators to do what they can to silence NewsGuard, the company said in its lawsuit.
“NewsGuard was started by Steve Brill to target conservative media and get ad agencies to deny them advertising revenue as a means of censorship,” Newsmax spokesman Bill Daddi said. “Brill is a Democratic Party activist and donor over many decades with a long history of advocating for liberal causes. He is not a respected journalist and in no way should be running a ratings service used by major ad agencies.”
Brill said his only political activity was working for Republican John Lindsay, New York City’s mayor in the late 1960s and early 1970s, while a college and law school student. “I have been a journalist ever since,” Brill said, adding that he has not donated money to any politicians.
NewsGuard says its ratings are based on clearly defined criteria, such as whether or not an outlet publishes false or misleading material, whether it distorts arguments and uses multiple sources, whether it distinguishes between news and opinion and regularly corrects errors. To counter charges that it unfairly boosted liberals, the company noted times where Fox News scored higher in its ratings than the former MSNBC.
Yet the conservative Media Research Center has published studies contending that NewsGuard is more likely to give higher ratings to outlets with a liberal bent. In court papers, the FTC said it began investigating NewsGuard because congressional investigators connected the company’s services to “coordinated actions to demonize disfavored media entities.”
The agency has asked the company to produce reams of internal documents, emails, financial reports and subscriber lists dated to its founding. Not only does NewsGuard consider that task unduly expensive and burdensome, it worries that regulators will use that information to target its subscribers.
The FTC, as a condition to approving a merger of two of the world’s biggest media buying firms, Omnicom and IPG, prohibited the new company from using a service that reviews and rates news sites. That is designed to eliminate the company’s ability to deny advertising based on politics, the agency said.
It has already cost NewsGuard business, the company asserts.
“The whole idea that any speaker has to justify to the government that it’s not biased is a really troubling thought,” Brill said in an interview. “We have a constitutional right to be biased. It just so happens that we started the company on the core principle that we were going to be totally apolitical.”
Continuing until NewsGuard ‘knuckles under’
The FTC’s press department did not return a message seeking comment. But in court papers, the agency said it was conducting a broad investigation into whether advertiser boycotts violated antitrust laws and that it has issued more than a dozen orders for information similar to the one given to NewsGuard. The company’s charges are “completely meritless,” the agency said.
If its order was so demanding, the FTC wondered why it took NewsGuard eight months after it was issued to sue.
“We tried to cooperate in the belief that the more that we told them what we do, the more likely it would be that they would decide that they didn’t have any case,” Brill said. “We soon realized that they weren’t worried about the merits.”
The company argues that the FTC actions “will continue until NewsGuard knuckles under.” Asked if he thought the government agency’s goal was to put his company out of business, Brill declined to comment.
___
David Bauder writes about the intersection of media and entertainment for the AP. Follow him at http://x.com/dbauder and https://bsky.app/profile/dbauder.bsky.social.
You can support trusted and verified news content like this.
FIPA’s news monitor subscribers, donors and funders help make these available to everyone rather than behind a paywall. We appreciate every contribution because it makes a difference.
If you found this article interesting and useful, please consider contributing here.
