FCC Chairman Brendan Carr’s Stance on Broadcaster Scrutiny amid Supreme Court Ruling
Overview of the FCC’s Scrutiny of Broadcasters
Brendan Carr, Chairman of the Federal Communications Commission (FCC), defended the agency’s examination of television broadcasters. This response came after U.S. Supreme Court Justice Neil Gorsuch cited Carr’s remarks about a late-night television host as an instance of the considerable authority wielded by independent federal agencies.
Supreme Court Decision on Presidential Authority
The response from Carr followed a Supreme Court decision that expanded presidential powers over independent agencies. The Court ruled 6-3 in Trump v. Slaughter that President Donald Trump had the authority to remove Federal Trade Commission (FTC) commissioners. This decision overturned a long-standing precedent that allowed Congress to protect certain agency members from at-will removal by a president.
Rebecca Slaughter, initially appointed by Trump and reappointed by President Biden, was dismissed from the FTC in 2025 for conflicting with Trump’s policies. Gorsuch acknowledged the broader implications of the decision, emphasizing concerns about increased presidential control over legislative and judicial functions.
Gorsuch’s Concerns about Agency Powers
Gorsuch’s agreement included a noteworthy warning. He noted agencies’ substantial influence on American life through various regulatory actions. Examples include the SEC’s climate regulations and the FTC’s ban on noncompete clauses.
Gorsuch referenced Carr’s September 2025 comments on The Benny Show. Carr had warned broadcasters about potential FCC actions regarding a network host’s remarks. While Gorsuch did not name the comedian, Carr’s previous criticism targeted ABC’s Jimmy Kimmel for mocking Trump.
Carr’s Defense of FCC Actions
Carr advocated for the FCC’s examination of broadcast licenses. He emphasized that licenses are not beyond scrutiny and highlighted ongoing investigations. Carr stated on Real America’s Voice that the FCC engages with broadcasters to remind them that licenses can be jeopardized.
The FCC is scrutinizing Disney-owned ABC, focusing on programs like The View and reviewing Disney’s policies. Carr’s request to review ABC’s licenses followed Trump’s social media criticism of Kimmel, stirring attention.
Gorsuch’s Broader Constitutional Warning
Gorsuch supported the decision allowing presidential removal of executive officials but warned of broader constitutional concerns. He argued that modern agencies wield legislative and judicial powers, posing unchecked authority under presidential influence.
Gorsuch cautioned about businesses potentially facing actions from coordinated agency efforts. The decision spurs debate on whether agencies should maintain their current scope of power, leaving future courts and Congress to reassess agency authority.