The Federal Communications Commission’s (FCC) Chairman, Brendan Carr, defended the agency’s scrutiny of TV broadcasters. His comments followed concerns raised by U.S. Supreme Court Justice Neil Gorsuch about the extensive powers wielded by independent federal agencies. Gorsuch’s observations came after the Supreme Court’s 6-3 decision in Trump v. Slaughter. This ruling underscored President Donald Trump’s authority to dismiss Federal Trade Commission (FTC) commissioners, which expanded presidential control over independent bodies.
Gorsuch’s Warning on Agency Powers
Justice Gorsuch echoed concern about shifting legislative and judicial powers towards presidential control. He pointed to the FCC as an example, referencing Carr’s remarks, which highlighted the agency’s significant regulatory authority. Gorsuch illustrated this with a specific incident involving Carr and a comment from a late-night television host. Notably, Carr criticized ABC’s Jimmy Kimmel last year, suggesting the FCC would further investigate if broadcasters didn’t address certain issues. Although not naming Kimmel directly, Gorsuch’s reference aligned with Carr’s past criticisms.
Carr’s Defense of FCC Actions
Chairman Carr emphasized that the FCC plans to continue investigations into broadcasters. He noted the agency’s historical lack of engagement with broadcasters regarding their licenses. Carr stated, “Your licenses are not sacred cows,” asserting that licenses should demonstrate compliance or face jeopardy. He clarified that the FCC has not finalized any decisions but will maintain its oversight role.
ABC Under FCC Scrutiny
Disney-owned ABC faces multiple FCC disputes. The agency is evaluating whether The View qualifies as a news program and is investigating Disney’s diversity policies. Carr has advocated for scrutinizing ABC-owned station licenses. This action coincided with social media criticisms of Kimmel by former President Trump, although Carr linked it to Disney’s corporate strategies, not Kimmel specifically.
Broader Constitutional Concerns
Justice Gorsuch warned about the implications of centralized control over independent agencies. While supporting presidential authority over executive officials, he highlighted concerns about the integration of legislative and judicial powers under the executive branch. He suggested that the ruling may amplify the need for future congressional and judicial reviews of agency powers. Gorsuch posited that actions from overlapping agencies answering to the White House could challenge businesses and individuals, hinting at the beginning of a broader constitutional discourse.
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