Ted Cruz tells FCC to avoid moves that could ‘chill’ protected speech

Sen. Ted Cruz warned the Federal Communications Commission on Wednesday to avoid punishing media companies that engage in “disfavored content,” saying such moves would chill protected speech.

Mr. Cruz, Texas Republican, raised the point during FCC Chairman Brendan Carr’s first Capitol Hill grilling since he pressured broadcasters in September to take action over late-night host Jimmy Kimmel’s comments about the assassination of Charlie Kirk.

Mr. Cruz, at the time, said Mr. Kimmel’s remarks were “right out of ’Goodfellas,’” alluding to the 1990 mob movie, and on Wednesday said the ABC host’s bosses would have been within their rights to fire him or to no longer air his program.

“But what government cannot do is force private entities to take actions that the government cannot take directly,” Mr. Cruz said as he chaired a hearing before the Senate Committee on Commerce, Science and Transportation. “Government officials threatening adverse consequences for disfavored content is an unconstitutional coercion that chills protected speech.”

But Mr. Cruz said Democrats had been hypocritical in their treatment of Mr. Carr and censorship, given the Biden administration’s decision to push tech companies to downplay certain claims about COVID-19.

The senator also said liberals tried to block mergers among conservative-oriented stations and deny the renewal of a broadcast licence for Fox’s Philadelphia affiliate, WTXF-TV.

“I welcome [Democrats] now having discovered the First Amendment and the Bill of Rights,” Mr. Cruz said.

ABC indefinitely suspended Mr. Kimmel and pulled “Jimmy Kimmel Live!” from the airwaves after Mr. Carr made it clear Disney should take action against the host over his unsubstantiated claim that Kirk’s accused killer was tied to the MAGA movement.

“We can do this the easy way or the hard way — these companies can find ways to change conduct to take action, frankly, on Kimmel, or there is going to be additional work for the FCC ahead,” Mr. Carr said on a podcast.

Democrats, Mr. Cruz and Sen. Rand Paul, Kentucky Republican, were among those who saw the comment as a threat.

Mr. Carr did not recant his podcast comments on Wednesday. He said Disney took action on its own, and “the record is clear on this.”

Mr. Carr repeated Mr. Kimmel’s words from his monologue during the hearing, saying it “seemed to be an effort to mischaracterize the motivations” behind a major political assassination.

Also Wednesday, the FCC removed a reference from its website that described itself as an “independent” agency.

Mr. Carr told senators that the FCC was “not formally an independent agency,” since the president can remove members.

“If it’s not true, then change it,” Sen. Ben Ray Lujan, New Mexico Democrat, said.

It appears the agency followed his advice while Mr. Carr was still testifying.

Democrats challenged Mr. Carr over when the FCC should intervene over political content or satire.

They feared the FCC would use its jurisdiction to put its thumb on the scale for the Trump administration.

Sen. Amy Klobuchar, Minnesota Democrat, said President Trump posted an offensive social media post about what led to director Rob Reiner’s recent slaying. As a thought exercise, she wondered if that triggered concern from the chairman.

Mr. Carr said TV stations operate under special regulations, so he must apply congressionally mandated rules that make broadcasters act in the public interest, offer diverse viewpoints and consider community needs in their programming.

“We have a public interest standard that Congress has put into law,” Mr. Carr said. “We should be enforcing those rules and policies. If Congress wants to change, you’re free to change it.”

Mr. Kimmel sparked the issue during a Sept. 15 monologue that claimed a link between Kirk’s killer and Mr. Trump’s political movement.

Station groups such as Nexstar, which owns dozens of ABC affiliates across the country, announced they would yank Mr. Kimmel’s show from their schedules.

His weeklong suspension became a rallying cry for Democrats and much of Hollywood, who accused Disney of caving and cast the saga as an assault on the First Amendment.

On the other side, Mr. Trump and supporters celebrated the move, viewing it as a long-overdue response to the liberal, anti-MAGA programming that has been pumped into living rooms across the country for years.

The FCC is an independent agency that regulates interstate and international communications on radio, TV, satellite and cable.

It has five presidentially appointed commissioners, and the president picks one to serve as chairman.

Mr. Trump appointed Mr. Carr to the FCC chairman job at the start of his second term.

Mr. Carr took aggressive steps to ensure that companies with deals before the commission did not engage in certain diversity, equity and inclusion practices.

The Senate commerce panel’s ranking Democrat, Maria Cantwell of Washington, said Mr. Carr appeared to engage in an “extortion process” in a recent Skydance-Paramount deal.

The FCC approved Skydance’s acquisition of Paramount, though only after Paramount Global paid $16 million to settle claims from Mr. Trump over how CBS’ “60 Minutes” edited an interview with Vice President Kamala Harris during the 2024 presidential race.

Ms. Cantwell also said Mr. Carr’s deregulation efforts are making it easier for corporations to tack fees onto internet bills.

“Streaming costs are up 13% this year alone,” Ms. Cantwell said.