As your constituent, I am deeply concerned that the FCC is using its regulatory and licensing power in ways that pressure broadcasters over political speech and candidate interviews. That poses a serious threat to the First Amendment and to the public’s right to hear political views without government interference.
WHY THE FCC’S 2026 ACTIONS MATTER
Federal law sometimes requires broadcasters to give opposing candidates similar airtime, but genuine news interviews are exempt. For years, talk shows often relied on that exemption. In 2026, the FCC said late-night and daytime talk shows could no longer assume they qualified and might be reviewed case by case. The FCC also ordered early reviews of licenses held by ABC-owned stations, years before those reviews were due.
Together, these actions can push broadcasters to avoid political interviews rather than risk new FCC demands or closer scrutiny of their licenses. The government should not use regulatory pressure to silence speech that it could not legally censor directly.
ABC MOVED A CANDIDATE INTERVIEW OFF BROADCAST TV
On September 10, Jimmy Kimmel said his interview with Texas Senate candidate James Talarico would appear on YouTube instead of ABC because, he said, FCC actions had put pressure on ABC and its local stations. The White House denied any threat.
A similar dispute arose in February. Stephen Colbert said CBS lawyers told him a Talarico interview could not air because of the FCC’s equal-time guidance. CBS said the program moved it online after legal advice about possible equal-time requirements.
FCC POWER HAS CONSTITUTIONAL LIMITS
The Supreme Court has made clear that government officials may not threaten official action to silence protected speech. Courts will decide whether the FCC violated the First Amendment here, but Congress should not stand by while federal regulatory power discourages political speech.
If one administration can use that power to shape political coverage, another can use it against different speakers, candidates, and viewpoints. Congress should act before this kind of government pressure becomes accepted practice.
I urge you to:
(1) HOLD OVERSIGHT HEARINGS. Examine the FCC’s use of licensing and equal-time rules involving political programming and require public answers from responsible officials.
(2) INVESTIGATE POLITICAL INFLUENCE. Review FCC, White House, broadcaster, station, and political communications to determine whether political considerations influenced FCC decisions.
(3) AMEND 47 U.S.C. §315. Protect legitimate candidate interviews on regularly scheduled talk and entertainment programs when guests are chosen for normal editorial reasons.
(4) PROHIBIT FCC RETALIATION. Bar the FCC from using licenses, investigations, enforcement actions, or other powers to punish or pressure broadcasters for editorial decisions protected by the First Amendment.
(5) PREVENT MISUSE OF FCC FUNDS. Bar FCC funds from being used for political retaliation or pressure while Congress considers permanent legislation.
Thank you.
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