ABC Sues FCC Over Alleged Censorship of Senate Candidate

The Federal Communications Commission is facing a lawsuit from ABC alleging First Amendment violations and regulatory retaliation. The dispute centers on an interview between late-night host Jimmy Kimmel and Texas U.S. Senate candidate James Talarico, which was posted to YouTube instead of airing on ABC. Kimmel claimed the decision was made to avoid FCC retaliation under the equal-time rule, which requires broadcasters to provide comparable airtime to opposing candidates.

FCC Chairman Brendan Carr dismissed the claims, accusing Talarico of orchestrating a hoax to increase clicks and donations. Carr argued that the equal-time statute does not prohibit broadcast interviews and does not apply to cable networks, noting that the rule ensures voters rather than media gatekeepers decide elections. The White House characterized Kimmel's claims of threats as play-acting.

Conversely, FCC Commissioner Anna M. Gomez condemned the agency's actions, stating that the interview was spiked due to pressure and intimidation. Gomez asserted that the FCC lacks lawful authority to threaten broadcast licenses over editorial decisions and warned that local affiliates are vulnerable to such coercion. ABC's lawsuit further alleges that the FCC demanded early license renewals for eight of its stations as retaliation for programming on The View and Kimmel's show.