(WASHINGTON) – The Federal Communications Commission (FCC) is attempting to enforce the century-old “equal time” rule in ways that appear to target programming critical of the administration, PEN America said today The writers and free expression organization said this marks a troubling escalation of the federal government’s campaign to reshape media coverage through pressure, investigations, threats, and regulatory action.
“The Late Show With Stephen Colbert” didn’t air an interview with a Texas Democratic candidate for U.S. Senate, James Talarico, after CBS legal guidance cautioned that the appearance could trigger “equal time” obligations for other candidates. The late-night program ultimately posted the segment online. While the FCC did not directly threaten CBS about this interview, the network acted preemptively. Days later, FCC Chairman Brendan Carr said the agency began an “enforcement action” related to ABC’s “The View” after it featured Talarico as a guest. Meanwhile, talk radio – which also falls under the FCC’s authority and includes multiple programs sympathetic to the president – has faced no comparable scrutiny.
“Government involvement in content decisions – particularly amid escalating attacks on journalists and newsrooms that have reported critically on the administration – is a departure from the First Amendment principle that the state does not police speech it disfavors,” said Tim Richardson, journalism and disinformation program director at PEN America. “When federal regulators signal that routine editorial decisions can trigger enforcement scrutiny, they cross a dangerous line. The FCC should immediately make clear that it will not use its authority to pressure or intimidate broadcasters over coverage the administration does not like. This is how press freedom erodes: not just through outright bans, but through an atmosphere that encourages self-censorship and obedience.”
Other FCC actions and political pressure have included scrutiny affecting NBC, threats to challenge the funding and regulatory status of NPR and PBS, and public comments interpreted as threats to local station licenses, signaling an expanded willingness to use government authority against disfavored media outlets.
The new posture toward daytime television and late-night talk show interviews fits squarely within a broader pattern of the administration bullying the media. By signaling that routine editorial decisions could trigger scrutiny, the FCC is giving the federal government a seat at the table in decisions about what speech Americans can hear – a departure from decades of precedent.
For more than a year, the Trump administration has pursued a sweeping campaign of pressure against independent journalism, using regulatory threats, legal intimidation, and public name-calling to chill critical coverage. The actions are creating an atmosphere of fear and uncertainty in which news and media organizations are pressured to second-guess their decisions and even preemptively censor their programming to stay in the government’s good graces.
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], 201-247-5057