FCC’s Gomez Comments on Kimmel’s Spiked Talarico Interview
FCC Commissioner Anna M. Gomez issued a statement on ABC’s news that late night host Jimmy Kimmel’s interview with Texas U.S. Senate candidate James Talarico would not air after being pressured by the FCC. She wrote: “Jimmy Kimmel’s decision to 
keep his interview with a Senate candidate off the air shows just how far this Administration’s campaign of censorship and control has gone. This is now the second time in a matter of months that a late-night host has disclosed they had to bury an interview because of FCC intimidation, and there is no way to know how many other editorial decisions across the country have quietly been shaped by this same pressure. No host, local affiliate, or network should have to weigh federal retaliation before booking a guest for a newsworthy interview. Any attempt to pressure broadcasters into self-censorship undermines both press freedom and the public’s right to hear from candidates in their communities seeking public office.
“The FCC has no lawful authority to threaten broadcast licenses over guest bookings or editorial decisions. Unlike other broadcasters who have quietly capitulated, Disney’s ABC has continued to fight this unlawful coercion in court, and episodes like this one only strengthen that case. Ultimately, this decision reflects the real challenges placed on affiliates who have no part in this fight. The burden should never fall on local stations to defend themselves from a federal agency that is being weaponized against speech it doesn’t like. I urge broadcasters everywhere to keep resisting this pressure, and I hope courts will soon make clear that the FCC has no place dictating editorial choices or what viewers are allowed to see.”
conservative hosts across America as he offers encouraging commentary to growing national concerns among Republicans about the Democrats flipping an all-important Senate seat in the traditionally red Lone Star State. Yesterday’s installment of the highly rated “Clay Travis & Buck Sexton” Show featured an in-depth interview with Berry (a.k.a. The Czar of Talk) about the Texas Senate race between AG Ken Paxton and James Talarico, who President Donald Trump has taken to calling “Talacreepo.” 
to television and radio programming. After the back-and-forth between The Late Show’s Stephen Colbert and CBS attorneys over the interview with U.S. Senate candidate U.S. Rep. James Talarico that did not air on CBS television but was pushed out on the show’s social media accounts instead, broadcasters – including news/talk radio programmers and hosts – may be confused about how the equal time rule is being applied.
FCC has no lawful authority to pressure broadcasters for political purposes or to create a climate that chills free expression. CBS is fully protected under the First Amendment to determine what interviews it airs, which makes its decision to yield to political pressure all the more disappointing. It is no secret that Paramount, CBS’s parent company, has regulatory matters before the government, but corporate interests cannot justify retreating from airing newsworthy content. The FCC is powerless to impose restrictions on protected speech, and any attempt to intimidate broadcasters into self-censorship undermines both press freedom and public trust. I once again urge broadcasters and their parent companies to stand firm against these unlawful pressures and continue exercising their constitutional right to speak freely and without government interference.”
Republican or Democrat. Often, Democratic candidates balk at being interviewed by conservative hosts for fear they will not get a “friendly” interview as their Republican opponent might have. Regardless, the law is about equal time, and the matter late night shows are dealing with is assuming they qualify for the “bona fide news” exemption that excuses them from the equal time rule. Chairman Carr’s position is there is no blanket exemption; it is taken on a case-by-case basis.