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"This is a clear attack on the First Amendment and a political stunt designed to intimidate critics, retaliate against a comedian practicing free speech through satire, and send a message to anyone who dares to speak out."
Press freedom advocates on Tuesday forcefully condemned the Republican-dominated Federal Communications Commission—and FCC Chair Brendan Carr in particular—for moving to challenge Disney-owned ABC's broadcast licenses as President Donald Trump again pressures to network to fire late-night television host Jimmy Kimmel.
"The First Amendment and the FCC's mandate do not permit the agency to use broadcast licenses as weapons to punish broadcasters for constitutionally protected content they air," declared Freedom of the Press Foundation chief of advocacy Seth Stern.
"Brendan Carr was once a serious communications lawyer, and has repeatedly and correctly said that the FCC has no role in policing content, whether news reporting or comedians’ late night jokes," Stern pointed out. "Carr's decision to abandon his principles to kiss up to Trump to advance his career does not change the law that Carr knows full well applies."
"The FCC is neither the journalism police nor the humor police," he added. "This is nothing but illegal jawboning intended to intimidate ABC into kissing the ring."
Kimmel—whom ABC briefly suspended last year amid pressure from Carr over comments the comedian made about assassinated right-wing activist Charlie Kirk—joked last Thursday that the first lady, Melania Trump, had "a glow like an expectant widow." Two days later, a gunman attempted to enter the White House Correspondents' Dinner—and on Monday, he was charged with trying to assassinate the president.
Also on Monday, both Donald and Melania Trump separately took to social media, calling for Kimmel to be fired. The comedian, meanwhile, opened his Monday night monologue to crowd chants of "Jimmy" and defended his joke, highlighting the Trumps' age gap.
On Tuesday, Semafor reported the FCC's plans to challenge the ABC licenses, which weren't slated for review until at least 2028. Other outlets began confirming the reporting, citing unnamed sources, and the agency ultimately issued the anticipated order—which says that "the FCC has been investigating Disney's ABC stations for possible violations of the Communications Act of 1934 and the FCC’s rules, including the agency's prohibition on unlawful discrimination."
The order, signed by David J. Brown, chief of the Video Division, directs ABC to "file license renewals for all of their licensed TV stations within 30 days—in other words, by May 28, 2026." Those stations are WABC-TV (New York), KABC-TV (Los Angeles), WLS-TV (Chicago), WPVI-TV (Philadelphia), KTRK-TV (Houston), KGO-TV (San Francisco), WTVD-TV (Raleigh-Durham), and KFSN-TV (Fresno).
As CNN chief media analyst Brian Stelter explained: "The order will not affect the local stations right away. It is just the start of a protracted legal process, and ABC has broad legal protections. Nevertheless, the FCC order is an extraordinary escalation by the Trump administration."
"The FCC had not filed an early-renewal order in decades, according to a source familiar with the matter, until Monday, when the agency took action against a small station license holder called Bridge News," Stelter noted. "Both Bridge and Disney will now go through a lengthy hearing process, giving the stations multiple chances to respond."
Disney said in a statement that "we have received the Federal Communications Commission's order initiating an accelerated review of the licenses held by ABC's owned television stations. ABC and its stations have a long record of operating in full compliance with FCC rules and serving their local communities with trusted news, emergency information, and public‑interest programming."
"We are confident that record demonstrates our continued qualifications as licensees under the Communications Act and the First Amendment, and are prepared to show that through the appropriate legal channels," the company continued. "Our focus remains, as always, on serving viewers in the local communities where our stations operate."
Commissioner Anna Gomez—currently the FCC's only Democratic appointee—said that "the effort to challenge the licenses of ABC/Disney-owned stations is the FCC's most egregious attack on the First Amendment to date. But it will fail. This should be a lesson to media companies that no amount of capitulation to this administration will buy them protection."
Jessica J. González, co-CEO of the advocacy group Free Press, was similarly optimistic. She said that "Carr will try to dress up this latest attack like a legitimate FCC procedure, but his motivations are clear. He is using his position of power to silence dissent at the president's beck and call. This extraordinary and unconstitutional attack on the media is nothing more than another favor to the most fragile president in U.S. history."
"The FCC’s ongoing attack on lawful and important diversity, equity, and inclusion programs is immoral," she argued. "The timing of this move suggests unconstitutional retribution for a joke Donald Trump didn't like. Either way, this dangerous attack on free speech won’t stand up to any First Amendment test. We've seen Carr violate his oath to uphold the Constitution again and again. It's time for Congress to impeach him."
González added that "for its part, ABC and Disney leadership need to stand strong on behalf of their First Amendment right to air content without government intrusion and censorship. Buckling in advance to pressure by this administration and its obsequious FCC chairman didn't work for the broadcaster when it suspended Kimmel last year. It would be a grave mistake to buckle in advance again to these kinds of chilling government threats from Trump's censorship czar."
The organization MoveOn has launched a petition in support of Kimmel, which already has over 257,000 signatures.
"The Trump administration's targeting of ABC's broadcast licenses sends a chilling message: Fall in line or face consequences," said MoveOn Civic Action chief communications officer Joel Payne. "This is a clear attack on the First Amendment and a political stunt designed to intimidate critics, retaliate against a comedian practicing free speech through satire, and send a message to anyone who dares to speak out."
"ABC and Disney must not back down to Donald Trump or any bureaucrat in his administration doing his bidding," Payne stressed. "This is bigger than just an attempt to bully Jimmy Kimmel—this is about telling the American people what to think, what to laugh at, what to say, and what to criticize. Our members will fight any efforts to weaponize the government to punish speech and will hold corporations who bow to this pressure accountable."
The fate of the First Amendment won’t be up to Brendan Carr or Donald Trump. It will be up to the American people.
President Donald Trump can’t take a joke. Look at the 9:20 mark of this video from the 2011 White House Correspondents’ Dinner. As President Barack Obama skewered Trump over his insidious “birther” claim, Trump was “steaming” and “beside himself with fury” at the public humiliation.
Trump is now using the presidency and FCC Chairman Brendan Carr to silence critics. Comedians are near the top of Trump’s hit list because satire is an effective political weapon.
Foreign enemies aren’t attacking the First Amendment. It’s an inside job.
Carr’s Confusion
As Carr observed in 2022:
“Political satire is one of the oldest and most important forms of free speech. It challenges those in power while using humor to draw more people into the discussion. That’s why people in influential positions have always targeted it for censorship.”
But Carr has now abandoned First Amendment principles that he and conservatives have defended repeatedly:
But a day later, Carr reversed course in a September 17 interview with a right-wing podcaster: “Frankly, when you see stuff like this—I mean, we can do this the easy way or the hard way. These companies can find ways to change conduct and take action, frankly, on Kimmel, or there’s going to be additional work for the FCC ahead.”
Carr added that the FCC was “going to have remedies that we can look at,” pointedly suggesting that local stations should “push back” and “step up” to protect their FCC licenses by pressuring networks to change programming content.
Hours later, two major owners of local television stations—Nexstar, which seeks FCC approval of its $6.2 billion acquisition of rival TEGNA, and Sinclair, which longstanding Trump supporters control—announced that they were preempting Kimmel’s program. Together those owners account for about one-quarter of ABC affiliates.
Before the day ended, Disney-owned ABC suspended Kimmel. Bipartisan outrage was immediate.
Carr insisted that he hadn’t threatened anyone.
But when Disney announced Kimmel’s return, Carr responded: “Democrats just keep digging themselves a deeper & deeper hole on Kimmel….” He reiterated his plan to empower FCC-licensed local stations to reject network programming.
Then Carr took everyone through the looking glass and accused Democrats of “illegally weaponizing government to silence dissent.”
Trump’s Threats
As Carr insisted that he was not threatening ABC, Trump’s warnings were clear and direct. An hour before ABC aired Kimmel’s return, Trump posted:
“Why would they want someone back who does so poorly, who’s not funny, and who puts the Network in jeopardy.... I think we’re going to test ABC out on this. Let’s see how we do. Last time I went after them, they gave me $16 Million Dollars. This one sounds even more lucrative.”
Trump's referencing of Disney’s $16 million payment to settle his dubious lawsuit against ABC proves what most children learn in elementary school: If you don’t stand up to a bully, you empower him and efforts to appease him will never be enough.
Nexstar and Sinclair didn’t air Kimmel’s return. But their Trump-pandering efforts to prevent viewers from seeing the program were futile: His monologue went viral with millions of views on YouTube.
During the monologue, Kimmel played a video of Trump saying that the late-night host “had no ratings.”
“I do tonight,” Kimmel quipped.
Future Fights
When CBS cancelled Colbert’s program, Trump gloated, “I hear Jimmy Kimmel is next. Has even less talent than Colbert!”
When ABC suspended Kimmel, Trump posted:
“Great News for America: The ratings challenged Jimmy Kimmel Show is CANCELLED. Kimmel has ZERO talent, and worse ratings than even Colbert, if that’s possible.”
Then he added:
“That leaves Jimmy [Fallon] and Seth [Meyers], two total losers, on Fake News NBC. Their ratings are also horrible. Do it NBC!!! President DJT.”
But Trump’s media targets go far beyond late-night talk show hosts. Jonathan Karl of ABC News asked Trump about Attorney General Pam Bondi’s unconstitutional plan to “go after hate speech… A lot of your allies say hate speech is free speech.”
“We’ll probably go after people like you,” Trump replied, “because you treat me so unfairly with hate. You have a lot of hate in your heart… So maybe they’ll have to go after you.”
The next day, Trump renewed his periodic threat to target negative network news coverage of him.
“They're getting a license,” Trump said. “I think maybe their license should be taken away. It will be up to Brendan Carr.”
Trump is incorrect. Kimmel returned to the airwaves because Carr’s threats produced bipartisan outrage, customers cancelled subscriptions to Disney+ and Hulu, consumers began boycotts, Disney’s stock price dropped, and Hollywood A-list celebrities arrived in force to protest Kimmel’s suspension.
The fate of the First Amendment won’t be up to Brendan Carr or Donald Trump. It will be up to the American people. And they won’t go down without a fight.
"Although Sinclair isn't a fan of democracy, most people are," said one California senator.
Since Disney announced late-night host Jimmy Kimmel's Tuesday return after yanking him off the air last week, Nexstar Media Group and Sinclair Broadcast Group, which collectively control about a quarter of local ABC affiliates nationwide, have said they will preempt his show—a move seen by critics as deferential to the Trump administration and related to their business interests.
Shortly after Federal Communications Commission Chair Brendan Carr suggested during a podcast interview that the FCC may retaliate against Disney-owned ABC for Kimmel's remarks about US President Donald Trump and the recent assassination of right-wing activist Charlie Kirk, the host was suspended "indefinitely."
The public, free speech advocates, other entertainers, and elected officials have sounded the alarm about both Carr's threat—which the FCC chair now claims is just "projection and distortion" by critics—and the host's suspension. Faced with a growing boycott movement, Disney revealed Monday that he would be back on air the following night.
Sinclair—which previously praised Carr's comments and argued that Kimmel's suspension was "not enough"—responded by announcing that it "will be preempting 'Jimmy Kimmel Live!' across our ABC affiliate stations and replacing it with news programming," and "discussions with ABC are ongoing as we evaluate the show's potential return."
Before Kimmel was suspended, Nexstar had planned to preempt his show due to his Kirk commentary. The company said Tuesday that "we stand by that decision pending assurance that all parties are committed to fostering an environment of respectful, constructive dialogue in the markets we serve."
"In the meantime, we note that 'Jimmy Kimmel Live!' will be available nationwide on multiple Disney-owned streaming products, while our stations will focus on continuing to produce local news and other programming relevant to their respective markets," Nexstar added.
Critics suggested the preemption decisions may be tied to the companies' current business dealings. David Sirota, founder of The Lever, pointed out on social media Monday that "Sinclair is currently lobbying the Trump FCC to relax local media ownership rules."
Sirota linked to his outlet's reporting from last month. As his colleague Freddy Brewster detailed:
The Nexstar Media Group, which operates more than 200 local television stations in 116 markets across the country, and the Sinclair Broadcast Group, a conservative news company that operates 185 stations in 85 markets nationwide, filed comment letters in April with the Federal Communications Commission (FCC) asking the agency to move forward with its proposal to gut rules barring companies from owning more than two major news channels in one market area or reaching more than 39% of the general public.
The ownership caps were designed to "promote localism and competition by restricting the number of media outlets that a single entity may own or control within a geographic market," according to a 2021 congressional analysis. But in their comment letters, the broadcast companies argue they need to purchase more stations to compete with technology companies like Google, Meta, and Amazon that have come to dominate viewership and ad revenue.
Sen. Elizabeth Warren (D-Mass.) similarly said on social media Tuesday that "Nexstar, the largest TV broadcaster, needs Donald Trump's approval for a $6 billion deal. If approved, Nexstar would control TV stations reaching 80% of households—violating the cap set by Congress to protect against monopolies. This censorship of Kimmel reeks of corruption."
While Kimmel's imminent return has been celebrated as a victory for free speech and public pressure, advocates have also continued to highlight the ongoing threats from Trump, his allies, and corporate giants.
"ABC made the right call to return Jimmy Kimmel to air," ACLU executive director Anthony Romero said in a Monday statement. "It should never have suspended him to begin with, and resisted the government’s desire to control what people say. Hopefully, other media outlets will also find their spines and resist the Trump administration's efforts to cudgel them into obeisance."
Before Disney's announcement on Monday, "more than 475 artists came together to speak up with one voice, and more than 40,000 people added their names in solidarity in just a few hours," he noted. "We can rest assured this won't be the administration's last attempt to pressure private companies into punishing employees for speech it does not like. Let this be a lesson to companies who consider caving: We the people are watching, and we'll remember who stood strong in defense of free expression, and who followed the federal government's bidding."
Meanwhile, Campaign for Accountability on Tuesday filed a bar complaint asking the District of Columbia Office of Disciplinary Counsel and the Maryland Attorney Grievance Commission to investigate Carr. The nonprofit watchdog group's executive director, Michelle Kuppersmith, said that his "actions undermine public trust in not only the agency he leads, but in government neutrality across the board," and called for thorough probes and "appropriate disciplinary measures."