NewsGuard Technologies v. FTC — D.C. Cir. (Oct 6, 2026)
The D.C. Circuit hears NewsGuard Technologies versus the Federal Trade Commission. NewsGuard publishes ratings of news websites' reliability, which advertisers use to help decide where to place ads. The FTC demanded company records as part of an investigation into possible coordinated advertising boycotts. Separately, it imposed a settlement order on Omnicom's acquisition of Interpublic, restricting the merged advertising company's use of news ratings based on journalistic standards. The order permits ratings-based lists developed at an individual client's express direction. NewsGuard sued, alleging that these actions retaliated against its journalism and cut it off from customers. The FTC later withdrew its investigative demand, but the merger order remained. The district court denied a preliminary injunction, a temporary order pending a final decision, because NewsGuard had not shown imminent, irreparable harm. This appeal concerns harm that cannot adequately be repaired later, not a final ruling on NewsGuard's constitutional claims. Robert Corn-Revere represents NewsGuard. He will contend that losing access to an audience for its journalism is a speech injury, not merely lost revenue. The FTC will contend that NewsGuard has not shown the ongoing injury needed for temporary relief.
NewsGuard Technologies v. FTC (No. 26-5138) — U.S. Court of Appeals for the D.C. Circuit, argued October 6, 2026.
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