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Legal group files fresh Bar complaints against FCC Chairman Brendan Carr

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mkeys@thedesk.net

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We have reported extensively on FCC Chairman Brendan Carr’s comments about regulated broadcast entities, including remarks that appeared to target licensed TV broadcasters like Disney’s ABC and Paramount’s CBS for speech that is protected under the law. We previously reported on two Bar complaints filed by the Freedom of Press Foundation and the Campaign for Accountability; the new complaint filed this week centers on actions involving ABC that we have monitored since April.

A legal watchdog organization has filed a pair of complaints against Federal Communications Commission (FCC) Chairman Brendan Carr asking two Bar associations to investigate him over threats made to television networks and broadcasters.

In letters sent to Bar officials in Maryland and Washington, D.C., the bipartisan Legal Accountability Center said Carr weaponized his authority as FCC chairman by targeting regulated media outlets because of their engagement in protected speech that drew the anger of President Donald Trump.

Trump appointed Carr to serve as chairman of the agency in January 2025. Carr is licensed to practice law in Maryland and Washington, D.C.

The complaints sent on May 18 ask Bar disciplinary officials to examine whether Carr violated professional conduct rules that prohibit dishonesty, conduct that interferes with the administration of justice and statements implying improper influence over a government agency or official.

The core issue at the center of both complaints is Carr’s demand that the Walt Disney Company renew the broadcast licenses of eight ABC-owned TV stations earlier than expected. Most of those stations have licenses that are valid for several more years, but Carr says the agency has the ability to call in those licenses for early renewal.

Carr justified the matter by pointing to a months-long investigation over Disney’s purported use of diversity, equity and inclusiveness (DEI) practices in its hiring and promotional initiatives. The company has not denied this, but has affirmed its employment and promotional practices follow the law. Last year, Disney said it was cooperating in the probe.

The Legal Accountability Center says the license renewal demand came shortly after late-night host Jimmy Kimmel delivered satirical remarks involving Trump and First Lady Melania Trump, prompting both to call for Kimmel’s ouster from ABC.

Carr has denied that the White House pressured him to initiate the review, reaffirming the order to renew the licenses was due to Disney’s purported DEI programs. The Legal Accountability Center argues that explanation should be investigated as potentially pretextual, asserting that the timing of the review raises questions about whether the FCC’s authority was used to punish protected speech.

“Disciplinary counsel should examine whether Carr’s statements and actions involve material misrepresentations or an improper basis for regulatory intervention,” the letters say. “The FCC does not have authority to police political speech, and the available record suggests a risk that its licensing power is being used in a coercive manner. If so, such use pressures broadcasters to adopt speech or policies favorable to particular political viewpoints, including those associated with President Trump, or face adverse regulatory consequences.”

The organization said Carr is entitled to his “policy preferences,” but he “cannot wield his agency power to enforce them without putting his professional license at risk.”

The Legal Accountability Center also noted prior comments made by Carr that threatened broadcast licenses based on any number of actual or perceived offenses. The organization also pointed to remarks made about Paramount’s proposed merger with Skydance Media last year, which required FCC approval to transfer broadcast licenses from one company to another. The deal was held up before the FCC received numerous assurances and political concessions, which led to the agency approving the license transfer — but not before Carr said a then-ongoing lawsuit between Trump and Paramount-owned CBS over a “60 Minutes” segment might influence his decision-making on the license transfers.

“Carr also used the FCC’s investigative powers to help Trump prosecute his private lawsuit,” the organization said. “By doing so, Carr implies he has the ability not only to affect the FCC merger process but implies he can have an influence on private litigation filed by the president.” (The lawsuit involving CBS was ultimately settled.)

Carr’s comments have the potential to cost him his license based on various Standards of Professional Conduct that all attorneys licensed in Maryland and Washington, D.C. are expected to abide by.

“Actions like Carr’s pose a threat to the rule of law and the principles the Rules of Professional Conduct are intended to uphold,” the Legal Accountability Center concluded.

The letters filed by the Legal Accountability Center is at least the third such complaint made against Carr that seek review of his licenses to practice law. Last year, the Freedom of Press Foundation (FPF) and the Campaign for Accountability filed similar letters with legal regulators questioning whether Carr had abused his position as chairman and questioning whether those abuses should require review of his Bar licenses.

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About the Author:

Matthew Keys

Matthew Keys is the award-winning founder and editor of TheDesk.net, an authoritative voice on broadcast and streaming TV, media and tech. With over ten years of experience, he's a recognized expert in broadcast, streaming, and digital media, with work featured in publications such as StreamTV Insider and Digital Content Next, and past roles at Thomson Reuters and Disney-ABC Television Group.
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