ABC Shows A Backbone In FCC Fight, Shows FCC Manufactured A Controversy Surrounding James Talarico

Free Speech

from the censorial-fascist-weirdos dept

ABC/Disney, like most major media companies, has spent much of its time during America’s bout with authoritarianism being a feckless wimp. The company was quick to ditch its already fleeting embrace of civil rights to please our dim, racist president, and were just as quick to pay Trump a $15 million bribe to settle a baseless Trump lawsuit they could have easily won.

But as Trump’s health and power becomes more shaky, ABC appears to be showing the faint outline of a backbone.

ABC/Disney execs are now more directly accusing the Trump administration of violating the First Amendment with its endless threats to pull the company’s broadcast licenses if it platforms journalists, comedians, or talk show hosts who refuse to kiss the administration’s ass.

Quick background: we’ve noted repeatedly how Trump FCC boss Brendan Carr has been abusing the FCC’s dated “equal opportunity” (or “equal time”) rule to try and threaten daytime and late night talk shows with government retribution if they refuse to enthusiastically coddle Republicans.

Recently, the Carr FCC took the unprecedented step of demanding that ABC-owned Houston affiliate KTRK file a petition for declaratory ruling to the FCC, explaining to the agency why it didn’t file the appropriate paperwork for a February 2nd appearance by Democrat James Talarico on The View (the traction Talarico is making among Christians clearly seems to worry the administration).

So KTRK last week filed their petition for declaratory ruling. And it shows slightly more backbone that we’ve become used to, directly stating that the Trump FCC’s actions violate the First Amendment and are having a “chilling effect” on free speech. While the petition is technically on behalf of KTRK, it was signed by Paul Clement, a former Bush-era solicitor general and very experienced Supreme Court litigator.

Talk shows have historically been exempt from the dated, golden-era-of-television rules, which required that any airing of a political candidate on “publicly owned” airwaves is countered with the appearance from a candidate from the opposing party. But Carr isn’t interested in equilibrium; he’s interested abusing FCC authority to try and silence critics of Donald Trump and his increasingly unpopular policies.

ABC’s notice to the FCC notes that the target of the administration’s censorial rage, The View, was clearly granted a Bona Fide Exemption to the rule back in 2002. Most talk shows have broadly been viewed as exempt since 1984 or so (and increasingly so, as the Internet challenged TV’s supremacy). From the ABC filing:

“The View has been broadcasting under a bona fide news exemption granted to it more
than twenty years ago, consistent with longstanding Commission interpretations designed to
minimize the serious First Amendment problems inherent in the equal time regime.
The View’s exemption remains valid and the constitutional infirmities in the equal time doctrine are even more pronounced today, when the broadcast airwaves account for a slice of the numerous media options through which Americans get their political information.”

Carr’s FCC has also been threatening to pull ABC’s broadcast licenses in the wake of Jimmy Kimmel making fun of the president’s wife; but as we’ve previously reported, ABC only holds eight broadcast licenses in total; most in reality are owned by right wing affiliate companies already loyal to Trumpism.

Here’s an interesting bit of note: It appears that the Carr FCC staged things in advance with the help of those affiliates to make ABC-owned KTRK seem like it was doing something wrong.

First, the FCC tried to tell ABC and KTRK that The View being widely viewed as exempt is “not a position uniformly held by broadcasters that air the program” (it is).

But on pages 3-4 of ABC’s filing, they note that not only did those other affiliates not originally file the paperwork for the appearance (because there’s no need to given their exemption), the FCC personally reached out to a number of non-ABC owned affiliates to have them file paperwork late so it would appear that the ABC-owned KTRK was an outlier that did something wrong. From ABC’s filing:

“The Bureau neglected to note, however, that while certain ABC affiliates documented Talarico’s appearance in their online public inspection files, the filings were made more than two weeks after Talarico’s appearance and apparently at the request of the FCC, which reportedly promised to eschew enforcement for the late filing. KTRK Television received no such request and no such offer, despite the Bureau specifically contacting it about the Talarico appearance less than 10 days after it occurred.”

That’s really profoundly greasy behavior. These other affiliates, that the FCC pressured to file late notices of Talarico’s appearances, would be companies like Sinclair, Tegna, Nexstar, Gray Media, or Scripps, most of which are owned by Trump-loyalists and/or are seeking FCC approval for approval for mergers that illegally ignore the country’s last remaining media consolidation limits.

So again, the FCC accused ABC and its directly owned affiliate of something false, then told non-ABC owned affiliates to file paperwork they never would have otherwise planned to if they wanted merger approval to make it seem like KTRK did something wrong. And since a lot of these affiliates are already very Trump-friendly propaganda mills, the FCC likely didn’t have to apply much pressure.

While it’s always possible the Trump-stocked Supreme Court makes an insane ruling in Trump’s favor, these threats to pull broadcast licenses are not fights the Trump FCC wants to actually litigate. They’re designed to simply be a form of harassment that makes life so costly and difficult for companies that threat targets — and everybody else — just pre-emptively bows to pressure to censor.

Trump and Carr expect companies to pre-emptively quiver and not put up a costly fight. And while these threats have worked for a while (because our corporate media is broadly opportunistic and pathetic), Trump’s abysmal poll numbers in the wake of the Iran war and soaring gas prices are likely instilling new confidence even among the most weak-kneed companies.

Filed Under: affiliates, brendan carr, censorship, equal time rule, fcc, first amendment, free speech, james talarico
Companies: abc, disney