The Wall Street Journal editorial board tore into President Donald Trump's Federal Communications Commission chairman, Brendan Carr, for his effort to regulate the ability of late-night comedians to host political interviews.
Carr has come under fire for drastic changes at the FCC, including a proclamation that he does not consider his agency "independent," which led to any references to the agency's independence being scrubbed from its website in real time during a congressional hearing.
"Witness the Federal Communications Commission’s memo this week targeting late-night comedy — yes, the same shows that Mr. Trump claims are irrelevant," wrote the board. "The FCC is resurrecting its 'equal time' rule, an artifact of the 1934 Communications Act. The rule requires public broadcasters, if they provide air time to one political candidate, to give comparable time and placement to all other candidates running for the same office. Congress later exempted 'bona fide' newscasts, interviews, documentaries and events."
For decades, late-night talk shows have been recognized as mixing entertainment and news, and thus part of the exemption — but Carr is cracking down, saying in the memo that these shows will presumptively be subject to the rule and ordering them to petition the FCC for exceptions.
"There’s a strong argument that the rule violates the speech rights of broadcasters. It also makes no sense in today’s diverse media market in which public broadcasters account for a shrinking share," wrote the board, noting that cable news, social media, and podcasters like Joe Rogan all have no such restrictions. Plus, "the rule can lead to absurd results. After Arnold Schwarzenegger declared his candidacy for California Governor in 2003 on Jay Leno’s 'Tonight Show,' all 135 candidates were invited to appear. Each was given 10 seconds to shout his ideas — at the same time. Stations also stopped running the actor’s movies during the campaign."
"The FCC missive is a regrettable diversion from the yeoman work Mr. Carr is doing rolling back Biden-era regulation," the board lamented in conclusion. "Then again, maybe the goal is to make Mr. Trump’s Presidency the highest-rated comedy on TV."