jimmy kimmel

FCC chair scrubs website after learning it called FCC an “independent agency”

brendan carr, FCC, jimmy kimmel, Policy / Beth Washington / December 17, 2025

Meanwhile, Ted Cruz wants to restrict FCC’s power to intimidate broadcasters.

FCC Chairman Brendan Carr speaks at a Senate Commerce, Science, and Transportation Committee oversight hearing on December 17, 2025, in Washington, DC. Credit: Getty Images | Heather Diehl

Federal Communications Commission Chairman Brendan Carr today faced blistering criticism in a Senate hearing for his September threats to revoke ABC station licenses over comments made by Jimmy Kimmel. While Democrats provided nearly all the criticism, Sen. Ted Cruz (R-Texas) said that Congress should act to restrict the FCC’s power to intimidate news broadcasters.

As an immediate result of today’s hearing, the FCC removed a statement from its website that said it is an independent agency. Carr, who has embraced President Trump’s declaration that independent agencies may no longer operate independently from the White House, apparently didn’t realize that the website still called the FCC an independent agency.

“Yes or no, is the FCC an independent agency?” Sen. Ben Ray Luján (D-N.M.) asked. Carr answered that the FCC is not independent, prompting Luján to point to a statement on the FCC website calling the FCC “an independent US government agency overseen by Congress.”

“Just so you know, Brendan, on your website, it just simply says, man, the FCC is independent. This isn’t a trick question… Is your website wrong? Is your website lying?” Luján asked.

“Possibly. The FCC is not an independent agency,” Carr answered. The website still included the statement of independence when Luján asked the question, but it’s now gone.

Carr: Trump can fire any member “for any reason or no reason”

Carr, who argued during the Biden years that the FCC must remain independent from the White House and accused Biden of improperly pressuring the agency, said today that it isn’t independent because the Communications Act does not give commissioners protection from removal by the president.

“The president can remove any member of the commission for any reason or no reason,” Carr said. Carr said his new position is a result of “a sea change in the law” related to an ongoing case involving the Federal Trade Commission, in which the Supreme Court appears likely to approve Trump’s firing of an FTC Democrat.

“I think it comes as no surprise that I’m aligned with President Trump on policy, I think that’s why he designated me as chairman… I can be fired by the president,” Carr said. Carr also said, “The Constitution is clear that all executive power is vested in the president, and Congress can’t change that by legislation.”

Changing the FCC website doesn’t change the law, of course. US law specifically lists 19 federal agencies, including the FCC, that are classified as “independent regulatory agencies.” Indications of the FCC’s independence include that it has commissioners with specified tenures, a multimember structure, partisan balance, and adjudication authority. Trump could test that historical independence by firing an FCC commissioner and waiting to see if the Supreme Court allows it, as he did with the FTC.

Ted Cruz wants to restrict FCC power

Carr’s statements on independence came toward the end of an FCC oversight hearing that lasted nearly three hours. Democrats on the Senate Commerce Committee spent much of the time accusing Carr of censoring broadcast stations, while Carr and Committee Chairman Cruz spent more time lobbing allegations of censorship at the Biden administration. But Cruz made it clear that he still thinks Carr shouldn’t have threatened ABC and suggested that Congress reduce the FCC’s power.

Cruz alleged that Democrats supported Biden administration censorship, but in the next sentence, he said the FCC shouldn’t have the legal authority that Carr has used to threaten broadcasters. Cruz said:

If my colleagues across the aisle do what many expect and hammer the chairman over their newfound religion on the First Amendment and free speech, I will be obliged to point out that those concerns were miraculously absent when the Biden administration was pressuring Big Tech to silence Americans for wrongthink on COVID and election security. It will underscore a simple truth, that the public interest standard and its wretched offspring, like the news distortion rule, have outlived whatever utility they once had and it is long past time for Congress to pass reforms.

Cruz avoided criticizing Carr directly today and praised the agency chairman for a “productive and refreshing” approach on most FCC matters. Nonetheless, Cruz’s statement suggests that he’d like to strip Carr and future FCC chairs of the power to wield the public interest standard and news distortion policy against broadcasters.

At today’s hearing and in recent months, Carr defended his actions on Kimmel by citing the public interest standard that the FCC applies to broadcasters that have licenses to use the public airwaves. Carr also defended his frequent threats to enforce the FCC’s rarely invoked news distortion policy, even though the FCC apparently hasn’t made a finding of news distortion since 1993.

Cruz said today he agrees with Carr “that Jimmy Kimmel is angry, overtly partisan, and profoundly unfunny,” and that “ABC and its affiliates would have been fully within their rights to fire him or simply to no longer air his program.” But Cruz added that government cannot “force private entities to take actions that the government cannot take directly. Government officials threatening adverse consequences for disfavored content is an unconstitutional coercion that chills protected speech.”

Cruz continued:

This is why it was so insidious how the Biden administration jawboned social media into shutting down conservatives online over accurate information on COVID or voter fraud. My Democrat colleagues were persistently silent over that scandal, but I welcome them now having discovered the First Amendment in the Bill of Rights. Democrat or Republican, we cannot have the government arbitrating truth or opinion. Mr. Chairman, my question is this, so long as there is a public interest standard, shouldn’t it be understood to encompass robust First Amendment protections to ensure that the FCC cannot use it to chill speech?

Carr answered, “I agree with you there and I think the examples you laid out of weaponization in the Biden years are perfect examples.” Carr criticized liberals for asking the Biden-era FCC to not renew a Fox station license and criticized Congressional Democrats for “writing letters to cable companies pressuring them to drop Fox News, OAN, and Newsmax because they disagreed with the political perspectives of those cable channels.”

Cruz seemed satisfied with the answer and changed the topic to the FCC’s management of spectrum. After that, much of the hearing consisted of Democrats pointing to Carr’s past statements supporting free speech and accusing him of using the FCC to suppress broadcasters’ speech.

Senate Democrats criticize Carr’s Kimmel threats

Sen. Amy Klobuchar (D-Minn.) asked Carr if it “is appropriate to use your position to threaten companies that broadcast political satire.” Carr responded, “I think any licensee that operates on the public airwaves has a responsibility to comply with the public interest standard, and that’s been the case for decades.”

Klobuchar replied, “I asked if you think it’s appropriate for you to use your position to threaten companies, and this incident with Kimmel wasn’t an isolated event. You launched investigations into every major broadcast network except Fox. Is that correct?”

Carr noted that “we have a number of investigations ongoing.” Later, he said, “If you want to step back and talk about weaponization, we saw that for four years in the Biden administration.”

“Joe Biden is no longer president,” Klobuchar said. “You are head of the FCC, and Donald Trump is president, and I am trying to deal with this right now.”

As he has in the past, Carr claimed today that he never threatened ABC station licenses. “Democrats at the time were saying that we explicitly threatened to pull a license if Jimmy Kimmel wasn’t fired,” Carr said. “That never happened; that was nothing more than projection and distortion by Democrats. What I am saying is any broadcaster that uses the airwaves, whether radio or TV, has to comply with the public interest standard.”

In fact, Carr said on a podcast in September that broadcast stations should tell ABC and its owner Disney that “we are not going to run Kimmel anymore until you straighten this out because we, the licensed broadcaster, are running the possibility of fines or license revocations from the FCC if we continue to run content that ends up being a pattern of news distortion.”

Sen. Brian Schatz (D-Hawaii) pointed to another Carr statement from the podcast in which he said, “We can do this the easy way or the hard way. These companies can find ways to change conduct, to take action, frankly, on Kimmel, or there’s going to be additional work for the FCC ahead.”

Schatz criticized Carr’s claim that he never threatened licenses. “You’re kind of tiptoeing through the tulips here,” Schatz said.

FCC Democrat: Agency is censoring Trump critics

FCC Commissioner Anna Gomez, a Democrat, testified at today’s hearing and said that “the First Amendment applies to broadcasters regardless of whether they use spectrum or not, and the Communications Act prohibits the FCC from censoring broadcasters.”

Gomez said the Trump administration “has been on a campaign to censor content and to control the media and others, any critics of this administration, and it is weaponizing any levers it has in order to control that media. That includes using the FCC to threaten licensees, and broadcasters are being chilled. We are hearing from broadcasters that they are afraid to air programming that is critical of this administration because they’re afraid of being dragged before the FCC in an investigation.”

Gomez suggested the “public interest” phrase is being used by the FCC too vaguely in reference to investigations of broadcast stations. She said the FCC should “define what we mean by operating in the public interest,” saying the commission has been using the standard “as a means to go after any content we don’t like.” She said that “it’s still unconstitutional to revoke licenses based solely on content that the FCC doesn’t like.”

Sen. Ed Markey (D-Mass.) criticized Carr for investigating San Francisco-based KCBS over a report on Immigrations and Customs Enforcement (ICE) activities, in which the station described vehicles driven by ICE agents. Carr defended the probe today, saying, “The concern there in the report was there may have been interference with lawful ICE operations and so we were asking questions about what happened.”

Markey said, “The news journalists were just covering an important news story, and some conservatives were upset by the coverage, so you used your power as FCC chairman to hang a sword of Damocles over a local radio station’s head… Guess what happened? The station demoted the anchor who first read that news report over the air and pulled back on its political coverage. You got what you wanted.”

Carr said, “Broadcasters understand, perhaps for the first time in years, that they’re going to be held accountable to the public interest, to broadcast hoax rules, to the news distortion policy. I think that’s a good thing.”

Carr then criticized Markey for signing a letter to the FCC in 2018 that asked the agency to investigate conservative broadcaster Sinclair. The Markey/Carr exchange ended with the two men shouting over each other, making much of it unintelligible, although Markey said that Carr should resign because he’s creating a chilling effect on news broadcasters.

Cruz similarly criticized Democrats for targeting Sinclair, prompting Sen. Andy Kim (D-N.J.) to defend the 2018 letter. “Chairman Carr’s threats to companies he directly regulates are not the same thing as a letter from Congress requesting an agency examine a matter of public concern. Members on both sides of the aisle frequently write similar letters; that’s the proper oversight role of Congress,” he said.

Jon is a Senior IT Reporter for Ars Technica. He covers the telecom industry, Federal Communications Commission rulemakings, broadband consumer affairs, court cases, and government regulation of the tech industry.

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Sinclair gets nothing it asked for, puts Jimmy Kimmel back on anyway

jimmy kimmel, nexstar, Policy, sinclair / 9u50fv / September 27, 2025

Conservative broadcaster Sinclair is putting Jimmy Kimmel Live! back on the air. In a statement today, Sinclair said it will end its preemption of the show on its ABC affiliates starting tonight, even though ABC and owner Disney haven’t accepted its request for an ombudsman and other changes.

Facing the threat of lost advertising dollars, Sinclair said it “received thoughtful feedback from viewers, advertisers, and community leaders representing a wide range of perspectives.” Nexstar separately announced an end to its blackout of Kimmel shortly after this article published.

Sinclair said its decision to preempt Kimmel “was independent of any government interaction or influence.” Sinclair’s preempting of Kimmel last week came just as Federal Communications Commission Chairman Brendan Carr said TV station owners that didn’t preempt the show could lose their FCC licenses.

Sinclair last week said it wouldn’t air Kimmel on its stations “until formal discussions are held with ABC regarding the network’s commitment to professionalism and accountability.” Sinclair at the time praised Carr for his stance against Kimmel and urged the FCC to “take immediate regulatory action to address control held over local broadcasters by the big national networks.”

Sinclair also announced it would air a special in remembrance of Kirk in Kimmel’s time slot, but then decided to put it on YouTube instead.

Ombudsman and other requests “not yet adopted”

Sinclair said it didn’t get anything it asked for in its discussions with ABC. The company’s statement today said:

In our ongoing and constructive discussions with ABC, Sinclair proposed measures to strengthen accountability, viewer feedback, and community dialogue, including a network-wide independent ombudsman. These proposals were suggested as collaborative efforts between the ABC affiliates and the ABC network. While ABC and Disney have not yet adopted these measures, and Sinclair respects their right to make those decisions under our network affiliate agreements, we believe such measures could strengthen trust and accountability.

Our decision to preempt this program was independent of any government interaction or influence. Free speech provides broadcasters with the right to exercise judgment as to the content on their local stations. While we understand that not everyone will agree with our decisions about programming, it is simply inconsistent to champion free speech while demanding that broadcasters air specific content.

Sinclair’s request for an ombudsman is reminiscent of Carr requiring an ombudsman at CBS in exchange for a merger approval. Carr described the CBS ombudsman as a “bias monitor.”

Sinclair gets nothing it asked for, puts Jimmy Kimmel back on anyway Read More »

After getting Jimmy Kimmel suspended, FCC chair threatens ABC’s The View

brendan carr, Equal Time Rule, jimmy kimmel, Policy, The View / Kelly Newman / September 21, 2025

Carr: “Turn your license in to the FCC, we’ll find something else to do with it.”

President-elect Donald Trump speaks to Brendan Carr, his intended pick for Chairman of the Federal Communications Commission, as he attends a SpaceX Starship rocket launch on November 19, 2024 in Brownsville, Texas. Credit: Getty Images | Brandon Bell

After pressuring ABC to suspend Jimmy Kimmel, Federal Communications Commission Chairman Brendan Carr is setting his regulatory sights on ABC’s The View and NBC late-night hosts Seth Meyers and Jimmy Fallon.

Carr appeared yesterday on the radio show hosted by Scott Jennings, who describes himself as “the last man standing athwart the liberal mob.” Jennings asked Carr whether The View and other ABC programs violate FCC rules, and made a reference to President Trump calling on NBC to cancel Fallon and Meyers.

“A lot of people think there are other shows on ABC that maybe run afoul of this more often than Jimmy Kimmel,” Jennings said. “I’m thinking specifically of The View, and President Trump himself has mentioned Jimmy Fallon and Seth Meyers at NBC. Do you have comments on those shows, and are they doing what Kimmel did Monday night, and is it even worse on those programs in your opinion?”

In response, Carr discussed the FCC’s Equal Opportunities Rule, also known as the Equal Time Rule, and said the FCC could determine that those shows don’t qualify for an exemption to the rule.

“When you look at these other TV shows, what’s interesting is the FCC does have a rule called the Equal Opportunity Rule, which means, for instance, if you’re in the run-up to an election and you have one partisan elected official on, you have to give equal time, equal opportunity, to the opposing partisan politician,” Carr said.

At another point in the interview, Carr said broadcasters that object to FCC enforcement “can turn your license in to the FCC, we’ll find something else to do with it.”

Bona fide news exemption

Carr said the FCC hasn’t previously enforced the rule on those shows because of an exemption for “bona fide news” programs. He said the FCC could determine the shows mentioned by Jennings aren’t exempt:

There’s an exception to that rule called the bona fide news exception, which means if you are a bona fide news program, you don’t have to abide by the Equal Opportunity Rule. Over the years, the FCC has developed a body of case law on that that has suggested that most of these late night shows, other than SNL, are bona fide news programs. I would assume you could make the argument that The View is a bona fide news show but I’m not so sure about that, and I think it’s worthwhile to have the FCC look into whether The View and some of these other programs you have still qualify as bona fide news programs and [are] therefore exempt from the Equal Opportunity regime that Congress has put in place.

The Equal Opportunity Rule applies to radio and TV broadcast stations with FCC licenses to use the airwaves. An FCC fact sheet explains that stations giving time to one candidate must provide “comparable time and placement to opposing candidates” upon request. The onus is on candidates to request air time—”the station is not required to seek out opposing legally qualified candidates and offer them Equal Opportunities,” the fact sheet says.

The exemption mentioned by Carr means that “appearances by legally qualified candidates on bona fide newscasts, interview programs, certain types of news documentaries, and during on-the-spot coverage of bona fide news events are exempt from Equal Opportunities,” the fact sheet says.

In 1994, the FCC said that “Congress removed the inhibiting effect of the equal opportunities obligation upon bona fide news programming to encourage increased news coverage of political campaign activity.” Congress gave the FCC leeway to interpret the scope of bona fide news exemptions.

Referring to its 1988 ruling on Entertainment Tonight and Entertainment This Week, the FCC said it found that “the principal consideration should be ‘whether the program reports news of some area of current events… in a manner similar to more traditional newscasts.’ The Commission has thus declined to evaluate the relative quality or significance of the topics and stories selected for newscast coverage, relying instead on the broadcaster’s good faith news judgment.”

Carr’s allegations

Carr alleged in November 2024 that NBC putting Kamala Harris on Saturday Night Live before the election was “a clear and blatant effort to evade the FCC’s Equal Time rule.” In fact, NBC gave Trump two free 60-second messages in order to comply with the rule.

Carr didn’t cite any specific incidents on The View or late-night shows that would violate the FCC rule. The View has addressed its attempts to get Trump on the show, however. Executive Producer Brian Teta told Deadline in April 2024, “We’ve invited Trump to join us at the table for both 2016 and 2020 elections, and he declined, and at a certain point, we stopped asking. So I don’t anticipate that changing. I think he’s pretty familiar with how the co-hosts feel about him and doesn’t see himself coming here.”

The Kimmel controversy erupted over a monologue in which he said, “We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and with everything they can to score political points from it.”

With accused murderer Tyler Robinson being described as having liberal views, Carr and other conservatives alleged that Kimmel misled viewers. Carr appeared on right-wing commentator Benny Johnson’s podcast on Wednesday and said, “We can do this the easy way or the hard way. These companies can find ways to change conduct, to take action, frankly on Kimmel, or there’s going to be additional work for the FCC ahead.”

Nexstar and Sinclair, two major owners of TV stations, both urged ABC to take action against Kimmel and said their stations would not air his show. The pressure from broadcasters is happening at a time when both Nexstar and ABC owner Disney are seeking Trump administration approval for mergers.

Democrats accuse Carr of hypocrisy on First Amendment

Anna Gomez, the only Democrat on the Republican-majority FCC, said yesterday that Carr overstepped his authority, but “billion-dollar companies with pending business before the agency” are “vulnerable to pressure to bend to the government’s ideological demands.”

Democratic lawmakers criticized Carr and proposed investigations into the chair for abuse of authority. “It is not simply unacceptable for the FCC chairman to threaten a media organization because he does not like the content of its programming—it violates the First Amendment that you claim to champion,” Senate Democrats wrote in a letter to Carr. “The FCC’s role in overseeing the public airwaves does not give it the power to act as a roving press censor, targeting broadcasters based on their political commentary. But under your leadership, the FCC is being weaponized to do precisely that.”

Democrats pointed to some of Carr’s previous statements in which he decried government censorship. During his 2023 re-confirmation proceedings, Senate Democrats asked Carr about social media posts in which he accused Democrats of engaging in censorship like “what you’d see in the Soviet Union.”

“I posted those tweets in the context of expressing my view on the First Amendment that debate on matters of public interest should be robust, uninhibited, and wide open,” Carr wrote in his response to Democratic senators. “I believe that the best remedy to speech that someone does not like or finds objectionable is more speech. I posted them because I believe that a newsroom’s decision about what stories to cover and how to frame them should, consistent with the First Amendment, be beyond the reach of any government official.”

Years earlier, in 2019, Carr posted a tweet that said, “Should the government censor speech it doesn’t like? Of course not. The FCC does not have a roving mandate to police speech in the name of the ‘public interest.'”

Sen. Ted Cruz (R-Texas) also criticized Carr’s approach, saying it would lead to the same tactics being used against Republicans the next time Democrats are in power.

Carr to broadcasters: Give your licenses back to FCC

Carr said this week he’s only addressing licensed broadcasters, which have public-interest obligations, as opposed to cable and streaming services that don’t need FCC licenses. Network programming itself doesn’t need an FCC license, but the TV stations that carry network shows require licenses.

Carr tried to cast Kimmel’s suspension as the result of organic pressure from licensed broadcasters, rather than FCC coercion. “There’s no untoward coercion happening here,” Carr told Jennings. “The market was intended to function this way, where local TV stations get to push back.”

But TV station owners did so in exactly the way that Carr urged them to. “The individual licensed stations that are taking their content, it’s time for them to step up and say this garbage isn’t something that we think serves the needs of our local communities,” Carr said on Johnson’s podcast. Carr said that Kimmel’s monologue “appears to be some of the sickest conduct possible.”

On the Jennings show, Carr alleged that Democrats in the previous administration implemented “a two-tiered weaponized system of justice,” and that his FCC is instead giving everyone “a fair shake and even-handed treatment.”

Carr has repeatedly threatened broadcasters with the FCC’s rarely enforced news distortion policy. As we’ve explained, the FCC technically has no rule or regulation against news distortion, which is why it is called a policy and not a rule. But on Jennings’ show, he described it as a rule.

“We do have those rules at the FCC: If you engage in news distortion, we can take action,” Carr said.

As we’ve written several times, it is difficult legally for the FCC to revoke broadcast licenses. But it isn’t difficult for Carr to exert pressure on networks and broadcasters through public statements. Carr suggested yesterday that broadcasters turn in their licenses if they don’t like his approach to enforcement.

“If you’re a broadcaster and you don’t like being held accountable for the first time in a long time through the public interest standard, that’s fine. You can turn your license in to the FCC, we’ll find something else to do with it,” Carr said. “Or you can go to Congress and say, ‘I don’t want the FCC having public interest obligations on broadcasters anymore, I want broadcasters to be like cable, to be like a streaming service.’ That’s fine too. But as long as that’s the system that Congress has created, we’re going to enforce it.”

After getting Jimmy Kimmel suspended, FCC chair threatens ABC’s The View Read More »