Bill Summary
The proposed resolution expresses the Senate's condemnation of Federal Communications Commission (FCC) Chairman Brendan Carr's comments made on September 17, 2025, which threatened to penalize ABC and Disney over political commentary by late-night host Jimmy Kimmel. The resolution emphasizes the First Amendment's protection of free speech, particularly regarding political discourse, and argues that the FCC lacks the authority to censor broadcasters. It highlights the chilling effect of Carr's threats on free expression in media, noting that ABC's affiliate group preempted Kimmel's show and that Kimmel was subsequently suspended, demonstrating the coercive impact of Carr's remarks. The resolution calls for Carr to retract his threats and reaffirm his commitment to constitutional principles, while affirming the importance of protecting media independence from government interference.
Possible Impacts
Here are three examples of how the legislation expressed in the resolution could affect people:
1. **Impact on Political Commentary and Satire**: The resolution asserts that Chairman Carr's threats against ABC and Disney had a chilling effect on free expression, specifically targeting political commentary. As a result, individual comedians, talk show hosts, and other political commentators may feel pressured to self-censor their content to avoid potential repercussions from regulatory bodies. This could lead to a decrease in the diversity of opinions presented in media, ultimately undermining public discourse and limiting citizens' exposure to varying viewpoints on political issues.
2. **Effects on Employment in Media**: The suspension of Jimmy Kimmel by ABC and Disney in response to the threats illustrates how regulatory pressure can directly affect the job security of individuals in the media industry. Employees, including writers, producers, and performers, may find themselves facing job instability or increased scrutiny over their work, leading to a culture of fear and self-censorship. This could deter talent from pursuing careers in media or political commentary, thereby narrowing the range of voices and perspectives available to the public.
3. **Public Trust in Regulatory Agencies**: The resolution condemns Chairman Carr for abusing his regulatory power, which may lead to a decline in public trust in the Federal Communications Commission (FCC) and other government bodies. If citizens perceive that regulatory agencies are misusing their authority to influence media content, they may become skeptical of the overall integrity of these institutions. This erosion of trust could result in increased public demand for accountability and transparency in government actions, as well as heightened civic engagement in defending First Amendment rights.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 407 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. RES. 407
Expressing the sense of the Senate that the comments by Federal
Communications Commission Chairman Brendan Carr on Wednesday, September
17, 2025, threatening to penalize ABC and Disney for the political
commentary of ABC late night host Jimmy Kimmel were dangerous and
unconstitutional.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 16), 2025
Mr. Markey (for himself and Mr. Wyden) submitted the following
resolution; which was referred to the Committee on Commerce, Science,
and Transportation
_______________________________________________________________________
RESOLUTION
Expressing the sense of the Senate that the comments by Federal
Communications Commission Chairman Brendan Carr on Wednesday, September
17, 2025, threatening to penalize ABC and Disney for the political
commentary of ABC late night host Jimmy Kimmel were dangerous and
unconstitutional.
Whereas the First Amendment to the Constitution of the United States provides
that ``Congress shall make no law . . . abridging the freedom of speech,
or of the press,'' protections that extend to political speech and
commentary, even when controversial or offensive;
Whereas the Federal Communications Commission (FCC) is charged with overseeing
the public airwaves in a manner consistent with the Constitution and
does not have authority to censor programming or punish broadcasters for
their editorial decisions;
Whereas, on September 17, 2025, Chairman Brendan Carr publicly threatened ABC
and its parent company, Disney, and its affiliates, over a monologue
delivered by comedian Jimmy Kimmel, stating that ``we can do this the
easy way or the hard way,'' in clear reference to the FCC's regulatory
power;
Whereas, following these comments, ABC's largest affiliate group announced it
would preempt Mr. Kimmel's programming, and shortly thereafter, ABC and
Disney suspended Mr. Kimmel, demonstrating the coercive effect of
Chairman Carr's unconstitutional threats and the chilling impact on free
expression in broadcasting;
Whereas, in Mr. Carr's role as chairman, Carr has repeatedly claimed in public
statements and past social media posts to support the First Amendment
and defend free speech, including the following statements:
(1) ``This is nothing more than a brazen attempt by government
officials to silence political speech they don't like.''.
(2) ``From internet memes to late-night comedians, from cartoons to the
plays and poems as old as organized government itself--Political Satire
circumvents traditional gatekeepers and helps hold those in power
accountable. Not surprising that it's long been targeted for censorship.''.
(3) ``Free speech is not a threat to democracy--censorship is.''; and
Whereas, by using his official position to pressure private broadcasters over
their protected commentary, Chairman Carr has betrayed the trust of his
office, abused the power of his position, undermined the independence of
the press, and violated the constitutional principles he is sworn to
uphold: Now, therefore, be it
Resolved, That the Senate--
(1) condemns Chairman Brendan Carr for abusing his position
as a Federal regulator to threaten Disney and ABC over
constitutionally protected speech;
(2) affirms the importance of the First Amendment and the
independence of broadcasters and journalists from government
coercion; and
(3) calls upon Chairman Carr to immediately retract his
threats and recommit himself to respecting the constitutional
limitations on his office.
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