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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."
One critic called the removal—which came immediately after FCC Chair Brendan Carr ignored nearly a century of historical precedent by claiming the agency is not independent—"a chilling authoritarian touch.”
Federal Communications Commission Chair Brendan Carr stunned many observers Wednesday by suggesting that the FCC is subordinate to President Donald Trump—an assertion followed almost immediately by the removal of the word "independent" from the agency's website.
Pressed by Democratic—and some Republican—lawmakers during a contentious Senate Commerce Committee hearing that addressed the FCC's mission of independently implementing and enforcing US communications laws and regulations, Carr said that "formally speaking, the FCC is not independent."
Sen. Ben Ray Luján (D-NM) read aloud from the FCC's website, which at the time proclaimed the agency's independence.
"Is your website lying?" asked Luján.
"Possibly," replied Carr.
Within minutes of Carr's testimony, the mission statement on the FCC's website no longer described the agency as "independent."
Addressing Carr's apparent fealty to Trump, Sen. Andy Kim (D-NJ) asked, "If you don’t think that the FCC is independent, then is President Trump your boss?”
Carr replied: “President Trump has designated me as chairman of the FCC. I think it comes as no surprise that I’m aligned with President Trump on policy.”
A former telecommunications attorney, Carr has been criticized for siding with corporations and against the public interest on nearly ever major issue to come before the FCC. Many of his views are laid out in the chapter on the FCC he authored for Project 2025, the Heritage Foundation-led blueprint for a far-right overhaul of the federal government.
As chair, Carr has been accused by critics including Democratic lawmakers—some of whom have demanded his firing or resignation—of being a Trump sycophant, especially over his role in getting ABC late-night talk show host Jimmy Kimmel suspended for joking about the assassination of far-right firebrand Charlie Kirk.
Asked by Kim if it would be appropriate "for the president or senior administration officials to give you direction to pressure media companies," Carr declined to directly answer the question.
“The easy answer is, ‘No.’ It’s not a hypothetical," the senator said. "Trump is not your boss. The American people are your boss."
Matt Wood, general counsel and vice president of policy at the advocacy group Free Press Action, said that "if Brendan Carr proved anything today, it’s only that he’s willing to shout down senators and contort his supposed free speech principles to protect Trump’s ego and attack Trump’s critics."
Wood lamented that Carr "proudly trashed his own agency’s historical independence."
"Right after senators pointed out the contradiction between the FCC’s online description and Carr’s claim that Donald Trump ultimately called the shots, language noting the agency’s independence disappeared from the FCC.gov website—a chilling authoritarian touch," he added.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."