Daytime and late-night television talk shows do not have a blanket exemption from laws requiring stations to offer equal broadcast opportunities to political candidates, the Federal Communication Commission said in new guidance.
The agency'sJan. 21 public noticecomes months after FCC ChairBrendan Carr made comments interpreted by some as a threatto pull the ABC station licenses if Jimmy Kimmel wasn't fired over remarks he made on the air about Charlie Kirk's assassination. PresidentDonald Trump's administration hasalso criticized Seth Meyers,Stephen Colbertand co-hosts of"The View."
Experts told USA TODAY that such laws, which date back decades but have not been broadly enforced against television stations, infringe upon the First Amendment rights of broadcasters to make their own editorial decisions.
"The FCC is not intended to be, and is not empowered to be, the nation's speech police," saidRobert Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression.
USA TODAY reached out to the FCC and the National Association of Broadcasters for comment.
What the notice says about late-night TV
TheCommunications Act of 1934required FCC licensees, both in radio and later television, to offer equal opportunities to all legally qualified candidates for a public office to appear on their broadcasts.
Thelaw was amended in 1959to exempt newscasts, news interviews, news documentaries and on-the-spot coverage of news events from that requirement.
The FCC's notice said the agency, under former President George W. Bush's administration in 2006, decided that the interview segment of "The Tonight Show with Jay Leno" qualified for the news interview exemption.
But that singular decision has been interpreted and applied too broadly in the years since, the FCC said in the new guidance, leading to widespread notions that all daytime and late-night talk shows are exempt from the equal opportunity requirement.
"This is not the case," the notice said.
Rather, the agency said, such decisions are "fact specific" and exemptions are "limited to the program that was the subject of the request."
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Guidance may cause chilling effect among broadcasters
Narrowing the definition of what qualifies as news to exclude talk shows could have "really dramatic implications for the First Amendment," said Jenna Leventoff,senior policy counselat the American Civil Liberties Union.
Her organization supports a broader definition given the vast array of options people now have for keeping up with current events, whether it be traditional news outlets, social media or talk shows, she said.
The 1934 law was based on the limited number of public airwaves. Such rationales are "obsolete" in 2025 because of the dramatic shifts in the media landscape that have happened in the years since, said Institute for Free Speech PresidentDavid Keating.
He said that makes equal opportunity requirements "constitutionally dubious" in the modern context, adding that courts could settle the matter if a lawsuit arises.
In the meantime, he said talk shows may steer clear of booking political candidates in light of the FCC's notice.
"The viewers, I think, and the public will be worse off as a result," he said.

Adam Carolla and Jimmy Kimmel from "The Man Show" appear on "The Tonight Show with Jay Leno" at the NBC Studios in Los Angeles on Nov. 19, 2001." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmell sits at a late night host practice desk and interviews with "TRL" host Carson Daly in New York on Jan. 14, 2003." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel and Sarah Silverman during 2nd annual Lakers Casino Night Benefiting the Lakers Youth Foundation red carpet at Barker Hanger in Santa Monica, California, in 2005." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel speaks onstage during the American Cinematheque 24th annual awards show to honor Matt Damon at The Beverly Hilton on March 27, 2010, in Beverly Hills, California." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel and Emily Blunt onstage during the 16th annual Critics' Choice Movie Awards on Jan. 14, 2011." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel and Flavor Flav at the American Music Awards in 2006. " style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel and NBA player Kobe Bryant in 2013." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel and Molly McNearney in New York City in 2014." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel, John Stamos and comedian Don Rickles in Beverly Hills, California, in 2015." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

President Barack Obama talks with Jimmy Kimmel during a taping of his late-night talk show in 2015." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Hillary Clinton appears on the "Jimmy Kimmel Live!" show in 2016. " style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel, wife Molly McNearney and daughter Jane Kimmel attend the 7th annual L.A. Loves Alex's Lemonade at UCLA on Sept. 10, 2016, in Los Angeles." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel attends the 2016 MusiCares Person of the Year honoring Lionel Richie at the Los Angeles Convention Center on Feb. 13, 2016 in Los Angeles." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Stephen Colbert and Jimmy Kimmel present the award for lead actress in a comedy series during the 71st Emmy Awards at the Microsoft Theater on Sept. 22, 2019." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel court side at a Los Angeles Lakers game in 2023. " style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel delivers the opening monologue during the 96th Academy Awards on March 10, 2024." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel watches the game between the Los Angeles Dodgers and the New York Yankees during game one of the 2024 MLB World Series at Dodger Stadium on Oct. 25, 2024." style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />

Jimmy Kimmel, winner of the outstanding host for a game show award for "Who Wants to Be a Millionaire," attends the 2025 Creative Arts Emmy Awards at Peacock Theater on Sept. 7, 2025, in Los Angeles. " style="max-width:100%; height:auto; border-radius:6px; margin:10px 0;" loading="lazy" />
Most memorable Jimmy Kimmel moments as his show returns to air after suspension
Adam Carolla and Jimmy Kimmel from "The Man Show" appear on "The Tonight Show with Jay Leno" at the NBC Studios in Los Angeles on Nov. 19, 2001.
Though the notice only references television, Corn-Revere said such policies would equally apply to radio because the broadcasting laws apply to both mediums. That would mean conservative talk radio, which has been described asan important factor in Trump's political success, is also bound by equal opportunity requirements.
The extent to which the FCC will take talk shows to task over such requirements is yet to be seen, but Leventoff said "the damage can be done, even without enforcement."
"Sometimes the threat is enough to chill speech," she said.
BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her atbjfrank@usatoday.com.
USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.Funders do not provide editorial input.
This article originally appeared on USA TODAY:FCC targets talk shows amid Trump's fights with Kimmel, late-night TV
Daytime and late-night television talk shows do not have a blanket exemption from laws requiring stations to offer equal ...