Federal Communications Commission Chairman Brendan Carr put ABC and other broadcast networks on notice that programs like “Jimmy Kimmel Live!” and “The View” are subject to “equal time” rules if they have political candidates on their programs.
“For years, legacy TV networks assumed that their late-night & daytime talk shows qualify as ‘bona fide news’ programs — even when motivated by purely partisan political purposes,” Carr posted Wednesday on social media.
“Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities.”
For years, legacy TV networks assumed that their late night & daytime talk shows qualify as “bona fide news” programs – even when motivated by purely partisan political purposes.
Today, the FCC reminded them of their obligation to provide all candidates with equal opportunities pic.twitter.com/sWiQmqQHCq
— Brendan Carr (@BrendanCarrFCC) January 21, 2026
Carr’s post included images from a four-page memo the FCC published Wednesday.
“It is important that both broadcasters and legally qualified candidates understand the FCC’s equal opportunities regulations,” the memo said.
The document noted that broadcast stations like ABC, CBS, and NBC are subject to the equal opportunity requirement in their programming for political candidates, with an exception for “bona fide” newscasts.
In other words, the federal government will not dictate what news programs deem newsworthy, but other shows on the network are subject to the equal time requirement for candidates of opposing parties.
“These regulations, which do not apply to cable channels or other forms of distribution, represent, in codified form, the decision by Congress that broadcast television stations have an obligation to operate in the public interest— not in any narrow partisan, political interest,” the FCC memo states.
Politico reported, “On the eve of the 2024 election, Carr also criticized ‘Saturday Night Live’ for alleged evasion of the equal time rule when it featured then-Democratic presidential candidate Kamala Harris — prompting NBC to give Trump air time on NASCAR and NFL events.”
The FCC highlighted in its memo that there are fact-specific exceptions to the equal time requirement. The agency pointed to a 2006 example when late-night host Jay Leno interviewed Arnold Schwarzenegger, during which the guest announced his bid for re-election as California’s governor, The Los Angeles Times reported.
The announcement was deemed a “bona fide” news event and, therefore, not subject to the FCC equal time rule.
Daniel Shur, a conservative lawyer who heads the Center for American Rights, cheered Carr’s Wednesday public guidance to broadcasters.
“Daytime TV like @TheView and late night shows like @JimmyKimmelLive & @ColbertShow have consistently featured only Democratic candidates while shutting out Republicans,” Suhr wrote on X. “This @FCC notice is an important step toward accountability for these legacy network shows.”
Daytime TV like @TheView and late night shows like @JimmyKimmelLive & @ColbertShow have consistently featured only Democratic candidates while shutting out Republicans. This @FCC notice is an important step toward accountability for these legacy network shows. https://t.co/FG5UM0He0X
— Daniel Suhr (@danielsuhr) January 21, 2026
Meanwhile, Anna Gomez, the FCC’s only Democrat on the three-person commission, opposed Wednesday’s memo.
“For decades, the Commission has recognized that bona fide news interviews, late-night programs, and daytime news shows are entitled to editorial discretion based on newsworthiness, not political favoritism,” Gomez said in a news release. “This announcement therefore does not change the law, but it does represent an escalation in this FCC’s ongoing campaign to censor and control speech.”
The FCC just issued a misleading announcement targeting certain late-night and daytime programs.
Nothing has fundamentally changed with respect to our political broadcasting rules, but this does represent an escalation in this FCC’s ongoing campaign to censor & control speech.🧵 pic.twitter.com/ge3ocwzacd
— Anna M. Gomez (@AGomezFCC) January 21, 2026
“The First Amendment does not yield to government intimidation. Broadcasters should not feel pressured to water down, sanitize, or avoid critical coverage out of fear of regulatory retaliation,” she added.
Democratic Sen. Ed Markey of Massachusetts criticized Carr last month during a congressional hearing for pressuring ABC to take disciplinary action against late-night host Jimmy Kimmel in the aftermath of Charlie Kirk’s assassination in September.
Kimmel falsely stated on his program that the shooter was “MAGA.” However, government officials had made clear days before that the assassin appeared motivated by left-wing ideology and targeted Kirk because of his traditional Christian conservative views.
Carr suggested at the time an on-air apology from Kimmel would be a “very reasonable, minimal step,” but also floated the idea of a suspension and called on ABC affiliate stations to push back against the Disney-owned company.
ABC briefly suspended Kimmel after ABC affiliate station owners Sinclair and Nexstar preempted his show.
Markey asked Carr if he regretted calling for Kimmel to be punished.
“My job is to enforce the law as passed by Congress — that includes a public interest standard. Broadcast TV is fundamentally different than any other media,” the FCC chairman answered.
Under federal law, broadcast networks (ABC, CBS, NBC) are to operate in the “public interest, convenience and necessity,” ABC News reported. Cable news networks, such as Fox News or CNN, are not subject to that law.
Carr was arguing it was not in the public interest for Kimmel to mislead the American public about the motivation of Kirk’s assassin, when emotions were already running high in the days immediately following the shooting.
Advertise with The Western Journal and reach millions of highly engaged readers, while supporting our work. Advertise Today.
