Television & radio

“The FCC should promote freedom of speech,” Brendan Carr, now the chair of the Federal Communications Commission, wrote in his chapter on the agency in Project 2025, the conservative manifesto that detailed plans for a second Trump administration.It’s a view he’s held for a long time. He wrote on X in 2023 that “free speech is the counterweight – it is the check on government control. That is why censorship is the authoritarian’s dream.”And in 2019, in response to a Democratic commissioner saying the commission should regulate e-cigarette advertising, Carr wrote that the government should not seek to censor speech it does not like. “The FCC does not have a roving mandate to police speech in the name of the ‘public interest’,” he wrote on Twitter at the time.But Carr has found himself at the center of the much-criticized decision by ABC to indefinitely cancel Jimmy Kimmel’s late-night show over comments the host made about Charlie Kirk’s killing. Despite the decision being, on its face, in opposition to free speech, Carr has used his position as chair of the commission, tasked with regulating communications networks, to go after broadcasters he deems are not operating in the “public interest”.Before he was named chair, Carr said publicly that “broadcast licenses are not sacred cows” and that he would seek to hold companies accountable if they didn’t operate in the public interest, a vague guideline set forth in the Communications Act of 1934. He has advocated for the FCC to “take a fresh look” at what operating in the public interest means.He knows the agency well: he was nominated by Trump to the commission in 2017 and was tapped by the president to be chair in January. He has also worked as an attorney at the agency and an adviser to then-commissioner Ajit Pai, who later became chair and appointed Carr as general counsel.Tom Wheeler, a former FCC chair appointed by Democratic president Barack Obama, said Carr is “incredibly bright” and savvy about using the broad latitude given to the chairman, “exploiting the vagaries in the term ‘the public interest’.”Instead of the deregulation Trump promised voters, the administration “delivered this kind of micromanagement”, Wheeler said.“It’s not the appropriate job of the FCC chairman to become the censor-in-chief,” Wheeler said.Since Kimmel’s suspension, Carr has said Kimmel’s comments were not jokes, but rather attempts to “directly mislead the American public about a significant fact”. During Monday’s show, Kimmel said that the “Maga gang” was “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”. The comments came before charging documents alleged the shooter had left-leaning viewpoints.Kimmel is just Carr’s latest target. As chair, he has used the agency’s formal investigatory power, and his own bully pulpit, to highlight supposed biases and extract concessions from media companies who fear backlash from the Trump administration if they don’t pre-emptively comply.The commission itself hasn’t directly sought these actions from broadcasters. Carr has instead said publicly what the commission could do – for instance, signaling he would not approve mergers for any companies that had diversity policies in place – and companies have responded by doing what he wants.Nexstar, a CBS affiliate operator which first said it would not air Kimmel’s show on the local channels it owns, wants to buy Tegna.Carr is honing a playbook, and so far it’s working. “It’s rinse and repeat,” Wheeler said. “I think we’ll continue to see it for as long as he can get away with it.”Top Democrats on Thursday called for Carr’s resignation, and some suggested they would find a way to hold Carr accountable, either now or if they regain power in Congress.The lone Democrat on the FCC, Anna Gomez, criticized Carr for “using the weight of government power to suppress lawful expression”. Gomez called ABC’s decision “a shameful show of cowardly corporate capitulation” that threatens the first amendment, and said the FCC is operating beyond its authority and outside the bounds of the constitution.“If it were to take the unprecedented step of trying to revoke broadcast licenses, which are held by local stations rather than national networks, it would run headlong into the first amendment and fail in court on both the facts and the law,” Gomez wrote in a statement. “But even the threat to revoke a license is no small matter. It poses an existential risk to a broadcaster, which by definition cannot exist without its license. That makes billion-dollar companies with pending business before the agency all the more vulnerable to pressure to bend to the government’s ideological demands.”Trump has cheered Carr as he collected wins against the president’s longtime foes in the media. On Wednesday, Trump called Kimmel’s suspension “Great News for America” and egged on NBC to fire Jimmy Fallon and Seth Meyers, their late-night hosts.“Do it NBC!!!” Trump wrote on Truth Social.Amid the criticism of Carr, Trump said the FCC chair was doing a great job and was a “great patriot”.Breaking norms at the FCCAt the FCC, the chair has wide latitude and operates as a CEO of the agency, Wheeler said. There are four other commissioners, but the chair sets the agenda and approves every word of what ends up on an agenda, he said. The commissioners are by default in a reactionary position to the power of the chair.“What Chairman Carr has raised to a new art form is the ability to to achieve results without a formal decision by the commission and to use the coercive powers of the chairman,” Wheeler said.Without a formal decision by the commission, he said, there can’t be appeals or court reviews, one of the key ways outside groups have sought to hold the Trump administration accountable for its excesses.The agency has historically been more hands-off about the idea of the “public interest”. On the FCC’s website, for instance, it notes that the agency has “long held that ‘the public interest is best served by permitting free expression of views’” and that instead of suppressing speech, it should “encourage responsive ‘counter-speech’ from others.”In Trump’s first term, when Pai was chair, the president called for the agency to revoke broadcast licenses. At the time, Pai said, “the FCC does not have the authority to revoke a license of a broadcast station based on the content”.Wheeler and a former FCC chair appointed by a Republican, Al Sikes, noted in an op-ed earlier this year that Trump has also used executive orders to undermine the independence of the FCC, instead making it into a “blatantly partisan tool” subject to White House approval rather than an independent regulator.What Carr is trying to doIn an appearance on conservative host Benny Johnson’s show that proved fateful for Kimmel, Carr alluded to ways the commission could take action against the late-night host. Carr carefully explained that he could be called upon to judge any claims against the broadcasters while also calling Kimmel’s comments “some of the sickest conduct possible.”“But frankly, when you see stuff like this, I mean, look, we can do this the easy way or the hard way,” Carr said. “These companies can find ways to change conduct and take action, frankly, on Kimmel or, you know, there’s going to be additional work for the FCC ahead.”The companies could handle it by issuing on-air apologies or suspending Kimmel, Carr said. He cited the idea of the “public interest” but also claimed there was a case that Kimmel was engaging in “news distortion”. In further comments to Johnson, he talked about the declining relevance of broadcast networks and credited Trump for “smash[ing] the facade”.“We’re seeing a lot of consequences that are flowing from President Trump doing that,” Carr said. “Look, NPR has been defunded. PBS has been defunded. Colbert is retiring. Joy Reid is out at MSNBC. Terry Moran is gone and ABC is now admitting that they are biased. CBS has now made some commitments to us that they’re going to return to more fact-based journalism.“I think you see some lashing out from people like Kimmel, who are frankly talentless and are looking for ways to get attention, but their grip on the narrative is slipping. That doesn’t mean that it’s still not important to hold the public interest standard.” More