SCOTUS Judge Calls Out FCC Chair Brendan Carr

Supreme Court Justice Neil Gorsuch Highlights FCC Chair Brendan Carr’s Targeting of Jimmy Kimmel

In an opinion released this week on presidential power over independent agencies, Supreme Court Justice Neil Gorsuch cited FCC Chairman Brendan Carr’s efforts to target ABC late-night host Jimmy Kimmel as an example of potential political interference.

The reference came in Monday’s 6-3 decision allowing President Trump to fire Federal Trade Commission member Rebecca Slaughter, significantly expanding the president’s authority to remove officials from independent agencies.

“Last year, taking objection to a network host’s on-air remarks, the Chairman of the FCC suggested there would be ‘additional work … ahead’ for the agency if broadcasting companies did not ‘find ways to … take action,’” Gorsuch wrote.

Gorsuch was pointing to Carr’s public criticism of Kimmel and other late-night hosts who frequently mock Trump and his allies. Carr has argued the FCC must ensure broadcasters using public airwaves serve the “public interest.”

Carr has focused intense scrutiny on ABC, calling for early license renewals for Disney-owned local stations and launching a separate investigation into Disney’s diversity, equity, and inclusion policies. 

The agency is also seeking public comment on whether ABC’s “The View” qualifies as a bona fide news program.

Kimmel was briefly suspended by ABC last year after controversial remarks about the death of activist Charlie Kirk, which sparked free speech concerns before he was reinstated.