Cruz Warns FCC Against Coercing Media Over Content

Sen. Ted Cruz, R-Texas, cautioned the Federal Communications Commission on Wednesday against pressuring media companies to penalize content deemed unfavorable, arguing that such actions could violate First Amendment protections.

The discussion arose during FCC Chairman Brendan Carr’s appearance before the Senate Committee on Commerce, Science and Transportation, which Cruz chaired. It marked Carr’s first congressional hearing since his September comments urging broadcasters to address late-night host Jimmy Kimmel’s remarks about an assassination attempt on Charlie Kirk.

Cruz acknowledged that ABC could have chosen to discipline or cancel Kimmel’s show privately.

“But what government cannot do is force private entities to take actions that the government cannot take directly,” Mr. Cruz said as he chaired a hearing before the Senate Committee on Commerce, Science and Transportation. “Government officials threatening adverse consequences for disfavored content is an unconstitutional coercion that chills protected speech.”

Cruz also highlighted what he described as past Democratic efforts to influence content, including Biden administration pressure on tech platforms regarding COVID-19 information and attempts to block conservative media mergers or license renewals.

“I welcome [Democrats] now having discovered the First Amendment and the Bill of Rights,” Mr. Cruz said.

Background on Kimmel Controversy and FCC Response

The controversy stemmed from Kimmel’s September 15 monologue, in which he suggested a connection between Kirk’s accused assassin and the MAGA movement—a claim lacking substantiation.

Carr, in a podcast, indicated broadcasters should act on Kimmel’s comments or face potential further FCC scrutiny.

“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 is going to be additional work for the FCC ahead,” Mr. Carr said on a podcast.

ABC subsequently suspended Kimmel indefinitely and removed his show from the air. Station groups like Nexstar also dropped the program from affiliates.

Carr maintained during the hearing that Disney acted independently, stating “the record is clear on this.” He reiterated Kimmel’s comments, describing them as an apparent attempt to “mischaracterize the motivations” of the assassination.

Democrats, along with Cruz and Sen. Rand Paul, R-Ky., viewed Carr’s initial remarks as potentially threatening.

Broader Debate Over FCC Role and Independence

Democrats expressed concerns that the FCC might intervene in political speech or satire under the Trump administration.

Sen. Amy Klobuchar, D-Minn., posed a hypothetical about whether offensive social media posts by President Trump would prompt similar FCC concern.

Carr emphasized that broadcasters face unique public interest obligations imposed by Congress.

“We have a public interest standard that Congress has put into law,” Mr. Carr said. “We should be enforcing those rules and policies. If Congress wants to change, you’re free to change it.”

Separately, the FCC updated its website during the hearing to remove a description of itself as an “independent” agency, after Sen. Ben Ray Luján, D-N.M., questioned the accuracy.

“If it’s not true, then change it,” said Sen. Ben Ray Lujan, New Mexico Democrat.

Ranking Democrat Maria Cantwell of Washington criticized Carr’s handling of media mergers, including the Skydance-Paramount deal and a settlement involving CBS’s editing of a Kamala Harris interview. She also raised concerns about deregulation contributing to rising streaming and internet costs.

“Streaming costs are up 13% this year alone,” Ms. Cantwell said.