Brendan Carr’s Fight With Disney Revives Gop Fissures

Brendan Carr’s newest fight with Disney is starting to raise alarms among some members of the GOP and on K Street — though many Republicans appear ready to give him a pass.

The criticism highlights the growing risk of being dragged into another free speech fight as the Federal Communications Commission chair seeks to haul in Disney’s broadcast licenses for an early renewal. While Carr’s order cited Disney’s diversity, equity and inclusion practices as the reason for the early review, critics said the timing implies it’s retaliation for a joke Jimmy Kimmel made about first lady Melania Trump.

In a skit previewing last weekend’s White House Correspondents’ Dinner, the ABC late-night host said Melania Trump had a “glow like an expectant widow” — a remark the president denounced as a “despicable call to violence” in light of the shooting that later broke out at the dinner Saturday night. Kimmel has defended his comments as a joke about the nearly 24-year age difference between the Trumps.

Sen. Ted Cruz (R-Texas), whose Commerce Committee oversees the FCC, on Wednesday left open the possibility of hauling Carr in for questioning. Cruz, one of Carr’s loudest critics in the GOP, had chastised the FCC chair last fall for threatening consequences to stations airing Kimmel’s “garbage,” after the comedian made controversial comments about the killing of GOP activist Charlie Kirk.

“We will see what the commission decides to do,” Cruz said Wednesday. “I have been very clear for a long time that the federal government should not engage in censorship, that it is not the FCC’s role to be the speech police.”

Cruz isn’t the only member of the GOP with qualms, even though many Republicans downplayed Carr’s action or said they weren’t familiar enough with the issue to comment.

“I think the federal government and the FCC probably shouldn’t be involved with regulating humor,” Sen. Rand Paul (R-Ky.) told POLITICO on Wednesday.

These signs of GOP tensions come as many congressional Democrats have criticized Carr’s actions. At least one liberal advocacy group is calling for Carr’s impeachment.

But some on the far right cheered Carr’s efforts to bring Disney to heel. They included MAGA influencer Benny Johnson, who urged Carr to go after more broadcasters, and derided the “woke scolding” that Cruz gave the FCC chair last fall.

“I am not making a free speech case,” Johnson said Wednesday in an interview with Glenn Beck. “The American taxpayer shouldn’t be forced to listen to this.”

Many Republicans still value Carr’s conservative agenda at the FCC for expanding access to spectrum and broadband, and still seem to trust in his leadership, meaning he will likely face little meaningful pushback from the GOP.

“I don’t think this is about an unfunny comedian on late night,” Sen. Eric Schmitt (R-Mo.) told POLITICO on Wednesday. “I think this is about the DEI thing. I take them at their word on that.”

Sen. Deb Fischer (R-Neb.), who chairs the Senate Commerce telecom subcommittee, said Carr was within his purview to haul in Disney’s licenses.

“The chairman has the ability to do that,” said Fischer. “Obviously we’re going to pay attention to how he does it. So we’ll see.”

Sen. John Kennedy (R-La.) suggested Carr was engaged in a much more routine exercise of FCC power than his critics seem to believe, even though many communications policy veterans said it’s been decades since an FCC chair has called in a license for an accelerated review in the way Carr is doing.

“What’s wrong with that? He sent them a letter and said, ‘Don’t miss your deadline for renewing your license and don’t discriminate on the basis of race,’” Kennedy told POLITICO. “Why don’t you stick to the actual letter?”

The reactions echo what happened last September, when Carr’s threats to broadcasters airing Kimmel led to the network and two big groups of station owners taking the show off the air for several days. GOP criticism of Carr was largely muted at the time, although a handful of Republican lawmakers expressed unease.

But Carr’s latest moves drew a strong rebuke from the National Association of Broadcasters, which represents Disney and many other companies.

Carr’s move “creates significant uncertainty for all broadcasters,” association CEO Curtis LeGeyt said, calling the FCC order a “nearly unprecedented request.”

An FCC spokesperson, who was granted anonymity in keeping with commission practice, downplayed LeGeyt’s concerns that the fight with Disney will affect the rest of the industry.

“As NAB knows, the FCC’s action this week was based on evidence of Disney’s discriminatory DEI conduct, not any speech,” the spokesperson told POLITICO. “The FCC has been investigating allegations that Disney created racially segregated spaces as well as racial and identity preferences or quotas. The FCC would welcome NAB working with the agency to ensure that none of its members are engaging in illegal discrimination.”