The First Amendment states:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Late night talk shows have served as a public square for accessible political discussions since the inception of television. From Faye Emerson’s late night talk show in the 1940s and 1950s to today’s Jimmy Fallon and Stephen Colbert, the late night circuit continues to be a place where folks across the country can tune in to hear comedic and sometimes cathartic jabs at politicians who often lose sight of the issues facing the average American.
These late night talk shows — such as Saturday Night Live, The Daily Show, Last Week Tonight and Real Time — and their hosts utilize their First Amendment right of Freedom of Speech to spread ideas and opinions, a concept universally accepted and touted as what makes the United States the best country in the world.
Now, the current federal administration is set to undermine the most important laws in our nation by threatening to take away licenses from media companies whose programs criticize the government. The latest case: the suspension of Jimmy Kimmel Live! over a joke made by the show’s namesake regarding the suspected assassin of conservative commentator Charlie Kirk.
Now, what could this beloved TV host say to get him kicked off the air practically overnight?
Kimmel, who has been the host of the ABC late night show since 2003, spoke on Kirk’s killing during his Sept. 15 monologue. He specifically focused on the mystery behind the shooter’s motives and where they fell on the political spectrum, citing some speculation online the shooter may have been a part of far-right forums or groups who felt Kirk and other mainstream conservatives aren’t extreme enough.
“We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it,” Kimmel said.
Kimmel then went on to criticize President Donald Trump, specifically for his seemingly performative grief over Kirk’s death. He used a clip of a reporter asking Trump how he was coping with Kirk’s passing. The president responded he was “very good” and then quickly pivoted to talk about the over $200 million ballroom being built at the White House.
“Yes, he’s at the fourth stage of grief: construction,” Kimmel quipped. “Demolition, construction. This is not how an adult grieves the murder of someone he called a friend; this is how a four-year-old mourns a goldfish.”
Conservatives on social media were quick to point the finger at Kimmel, claiming he mischaracterized the political ideologies held by the accused shooter, as many Republican officials involved in the investigation have claimed “leftist ideology” to be the shooter’s codex. Influential conservative personalities denounced Kimmel’s jabs at the administration’s approach to the case, some going as far as to call Kimmel’s words “disgusting” and “truly sick.”
That’s when the show was suspended “indefinitely” by Disney, which is ABC’s parent company.
One of the major contributors to the ongoing pressure to oust Kimmel appears to be Federal Communications Commission (FCC) Chairman Brendon Carr. Since Kimmel’s show was suspended, Carr has continued to put out thinly veiled threats to other media outlets who dare to conflict with the current administration.
Carr said in an interview on CNBC that “we’re not done yet” with the changes in “the media ecosystem” that are consequences of President Donald Trump’s election last fall.
“I do think that again, we are in the midst of a massive shift in dynamics in the media ecosystem for lots of reasons, again, including the permission structure that President Trump’s election has provided,” the FCC chief said. “And I would simply say we’re not done yet with seeing the consequences of that.”
This is the same man who, at the beginning of his tenure as FCC chair, stated political satire was “one of the oldest and most important forms of free speech,” and if there was any form of subtle or informal pressure campaigns — letters, hearings or backchannel threats — it was the equivalent of the government trying to squash views it didn’t like.
Now, Carr is threatening ABC and Disney to deal with Kimmel “The easy or the hard way,” a complete 180 degree flip from his previous public stance. When asked about Trump’s comments on wanting to remove other comedians’ programs, Carr seemingly danced around the question.
“What does that mean when you say you’re not done yet?” CNBC anchor David Faber asked Carr in an interview following Kimmel’s suspension. “Then, I mean, will you only be pleased when none of these comedians have a show on broadcast television?”
Carr replied, “No, it’s not any particular show or any particular person. It’s just we’re in the midst of a very disruptive moment right now, and I just, frankly, expect that we’re going to continue to see changes in the media ecosystem.”
Carr’s words and Kimmel’s suspension have elicited criticisms from across all sides of the political spectrum, stating these actions go against the First Amendment. One of the more surprising critics of Carr’s anti-free speech rhetoric is staunch conservative U.S. Senator Ted Cruz, calling the Trump administration’s response to Kimmel’s Kirk comments “dangerous as hell.”
“I think it is unbelievably dangerous for government to put itself in the position of saying we’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying,” Cruz said on his podcast. “I like Brendan Carr. He’s a good guy, he’s the chairman of the FCC. I work closely with him, but what he said there is dangerous as hell … It might feel good right now to threaten Jimmy Kimmel, yeah, but when it is used to silence every conservative in America, we will regret it.”
While Kimmel’s approach may seem insensitive or even “disgusting” to some folks, the truth of the matter is that Kimmel is protected under the First Amendment to state his thoughts on current events. Most importantly, he is protected by a multitude of Supreme Court precedents reaffirming Kimmel’s right to criticize his government on whatever he sees fit.
Carr, Trump and others need a refresh on Constitutional Law. Might I suggest looking at New York Times Co. v. United States from 1971, where the Supreme Court rejected the Nixon administration’s attempt to prevent the New York Times and Washington Post from publishing the Pentagon Papers. What about Rosenberger v. Rector and Visitors of the University of Virginia in 1995, when The Court held while the government can create forums for speech, it cannot engage in viewpoint discrimination by excluding speech based on the message or ideas being expressed? Maybe they should look at National Rifle Association of America v. Vullo from just last year where, in a unanimous decision, the Court affirmed that government officials cannot use their power to threaten or coerce private companies into punishing or suppressing speech with which the government disagrees.
What is happening to Kimmel is something our Founding Fathers warned us about over and over and over — the threat is real, and it is here. The government is coming for your right to speak against it, and it’s our duty to fight everyday to ensure we don’t lose the foundational values that make the United States the land of the free.