Sen. Adam Schiff (D-Calif.) and eight other Senate Democrats wrote a letter to Federal Communications Commission (FCC) Chair Brendan Carr Wednesday expressing “grave concern” about his “assault on press freedom” and demanding the FCC provide information about communication it may have had with ABC, Disney or any of their affiliates related to late-night comic Jimmy Kimmel.
The Democratic senators say that Carr’s comments about Kimmel and ABC during an interview last week with conservative podcaster Benny Johnson are part of a “broad pattern of government coercion of the press” by the Trump administration, including the FCC.
Democrats are accusing Carr of making “implicit threats” to revoke ABC’s broadcast license and to penalize companies that continue to air Kimmel’s show.
“You then delivered what can only be described as an ultimatum to broadcasters: ‘We can do this the easy way or the hard way. These companies can find ways to change conduct and take action, frankly, on Kimmel or there’s going to be additional work for the FCC ahead,'" they wrote.
Democrats say these comments had “chilling effects” that were evident in ABC's decision to pull Kimmel’s show from the air.
ABC reversed course and restored Kimmel to its programming lineup after encountering a strong public backlash, which included several prominent conservatives, such as Sen. Ted Cruz (R-Texas), who warned against government interference in commercial content decisions.
“According to reports, senior executives at ABC, Disney, and their affiliates convened emergency meetings following your statements. Multiple sources indicated that executives’ fear of retaliation from the Trump administration was the decisive factor, ultimately leading to the direct censorship of constitutionally protected speech,” the Democrats wrote.
The Democrats asked Carr to provide information on any communications he or FCC staff may have had with representatives of ABC, Disney or any of their affiliates concerning specific content decisions.
And they want Carr and the FCC, if they had such discussions, to provide the names of all individuals involved.
They also want to know whether Carr or FCC staff ever discussed with any media executives the potential consequences for their broadcast licenses if they continue to air programming critical of the Trump administration.
The other signatories to the letter are Sens. Richard Blumenthal (D-Conn.), Angela Alsobrooks (D-Md.), Chris Van Hollen (D-Md.), Jack Reed (D-R.I.), Dick Durbin (D-Ill.), Ruben Gallego (D-Ariz.), Patty Murray (D-Wash.) and Cory Booker (D-N.J.).
Carr on Monday said that Democrats are distorting his comments and misrepresenting the work at the FCC.
“The reality is, there’s a lot of Democrats out there that are engaged in a campaign of projection and distortion. And distortion is they’re completely misrepresenting the work of the FCC and what we’ve been doing,” he said at the Concordia Annual Summit in New York.
The Democratic senators argued in their letter Wednesday that Carr’s comments may have weighed on the decision by two other companies, Nexstar Media Group and Sinclair Broadcast Group, which together own about 70 ABC affiliates across the country, to preempt Kimmel’s show from their late-night programming.
“Meanwhile, Nexstar Media Group – while seeking FCC approval for a $6.2 billion acquisition – and Sinclair Broadcast Group – also lobbying for favorable regulatory treatment from the FCC in its review of its broadcast business – quickly reacted to your intimidations by preempting Jimmy Kimmel Live! on their stations,” the Democrats wrote.
Nexstar and Sinclair on Monday decided to continue to preempt “Jimm Kimmel Live!” from their local program lineup despite Disney’s decision to bring it back on air after a weeklong suspension.
Nexstar in a statement Monday said it will monitor the show as it returns to ABC but stood by its decision to preempt Kimmel.
“We stand by that decision pending assurance that all parties are committed to fostering an environment of respectful, constructive dialogue in the markets we serve. In the meantime, we note that ‘Jimmy Kimmel Live!’ will be available nationwide on multiple Disney-owned streaming products, while our stations will focus on continuing to produce local news and other programming relevant to their respective markets,” Nexstar said.
Nexstar, which owns The Hill, has announced plans to acquire rival company Tegna as part of deal that will need the FCC’s approval.
Sinclair said in a statement Monday night that it will be preempting Kimmel’s show across its ABC affiliate stations and replacing it with news programming.
“Discussions with ABC are ongoing as we evaluate the show’s potential return,” it said.
The Hill reached out to the FCC for comment.
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