PolicyBrief
S.RES. 407
119th CongressSep 18th 2025
A resolution expressing the sense of the Senate that the comments made by Federal Communications Commission Chairman Brendan Carr on Wednesday, September 17, 2025, threatening to penalize ABC and Disney for the political commentary of ABC late night host Jimmy Kimmel were dangerous and unconstitutional.
IN COMMITTEE

This Senate resolution condemns FCC Chairman Brendan Carr's threats against ABC and Disney over political commentary as a dangerous and unconstitutional infringement on free speech.

Edward "Ed" Markey
D

Edward "Ed" Markey

Senator

MA

LEGISLATION

Senate Condemns FCC Chair for Threatening Disney Over Kimmel's Political Jokes, Demands Retraction

This Senate resolution is essentially Congress stepping in to referee a dust-up involving free speech, a late-night comedian, and a federal regulator. It formally condemns Federal Communications Commission (FCC) Chairman Brendan Carr for allegedly threatening penalties against ABC and its parent company, Disney, following political commentary made by host Jimmy Kimmel on September 17, 2025. The core message is clear: the Senate believes the Chairman used his regulatory power to intimidate a broadcaster over content protected by the First Amendment, and they want him to back off and apologize.

The 'Easy Way or the Hard Way' Threat

What kicked this off was Chairman Carr publicly stating that ABC and Disney could handle the situation—referencing Kimmel’s monologue—the “easy way or the hard way.” For a major broadcaster, that kind of language from the head of the FCC is basically a threat to their license and bottom line. The resolution points out that shortly after this public pressure, ABC’s largest affiliate group dropped Kimmel’s show, and then ABC/Disney suspended the host. This sequence of events, according to the Senate, proves the threats had a “chilling effect” on free expression, making broadcasters fear regulatory retaliation if they air political satire that crosses certain lines.

Protecting the Right to Punch Up

For everyday people, this resolution is about making sure that the media—whether it’s a serious news broadcast or a comedian’s monologue—can report and comment on politics without the government breathing down their neck. If a federal regulator can successfully strong-arm a massive company like Disney into censoring a comedian, imagine what that means for smaller, less powerful media outlets. This resolution affirms that political speech, even when it’s biting satire, is protected. It’s the Senate telling the FCC that its job is to manage the airwaves, not manage the content of political jokes.

A Constitutional Check on Regulatory Power

This move serves as a constitutional check on the executive branch’s regulatory power. The resolution argues that Chairman Carr’s actions contradict his past statements supporting the First Amendment, highlighting what Congress sees as outright hypocrisy. It demands that the Chairman immediately retract his threats and publicly recommit to respecting the constitutional limits of his office. While this resolution doesn't change any law—it’s a formal statement of opinion—it puts the entire Senate on record affirming the independence of the press and directly challenging a federal official who they believe overstepped his authority. It’s a necessary reminder that regulators can’t use their power to silence speech they don’t like.