Brendan Carr’s Abuse Of FCC ‘Equal Opportunity’ Rule Completely Blows Up In His Face
Yesterday we noted how CBS fecklessly tried to prevent Stephen Colbert from broadcasting an interview with Texas Democratic State Representative James Talarico. Which, as you’ve probably already seen, resulted in the interview on YouTube getting way more viewers than it would have normally, and Texas voters flocking to Google to figure out who Talarico is:
In short, Brendan Carr’s continual threats and unconstitutional distortion of the FCC’s “equal opportunity” rule (also known as the “equal time” rule) resulted in a candidate getting exponentially more attention than they ever would have if Brendan Carr wasn’t such a weird, censorial zealot.
If only there was a name for this sort of phenomenon?
Despite a lot of speculation to the contrary, there’s no evidence the GOP specifically targeted Talarico in any coherent, strategic sense. This entire thing appears to have occurred because CBS lawyers — focused on numerous regulatory issues before the Trump administration, didn’t want to offend the extremist authoritarian censors at Trump’s FCC. It’s always about the money.
CBS (and ABC, NBC, and Fox) have been lobbying the FCC for years to get ride of rules preventing them from merging. CBS (read: Larry Ellison) has managed to get his friend Trump conducting a fake DOJ antitrust inquiry into Netflix’s planned acquisition of Warner Brothers, so they can then turn around and buy Warner (and CNN) instead. They’ll need to remain close with the administration for that to work out.
CBS tried to do damage control and claim they never directly threatened Colbert, but you can tell by the way they’re being a little dodgy about ownership of those claims (demanding no direct attribution to a specific person “on background”) they likely aren’t true:
Colbert’s response to the claim he wasn’t threatened was… diplomatic:
Amusingly some of the news outlets covering this story (like Variety here) couldn’t be bothered to even mention that CBS has numerous regulatory issues before the Trump FCC, which is why they folded like a pile of rain-soaked street corner cardboard at the slightest pressure from the Trump FCC.
As we’ve noted repeatedly, Brendan Carr has absolutely no legal legs to stand on here. His abuse of the equal opportunity rule is equal parts unconstitutional and incoherent. CBS (and any other network with bottomless legal budgets) could easily win in court (I wager they could even get many lawyers to defend them pro bono), but Ellison (and his nepo baby son) have a much bigger ideological mission in mind.