FCC overstepped in push to cancel Jimmy Kimmel

THE UNDERSTANDABLE uproar over the suspension of Jimmy Kimmel for comments he made on-air Monday regarding the killing of right-wing activist Charlie Kirk, and the unfocused response of President Trump, has mistakenly centered on whether ABC infringed Kimmel’s ist Amendmentrights.

- ERWIN CHEMERINSKY CONTRIBUTING WRITER

ABC and its parent company Disney have 1st Amendment rights to decide whether to broadcast Kimmel and can be criticized for caving to pressure from the Federal Communications Commission, but it had the legal freedom to suspend the host.

However, it’s clear the chair of the FCC, Brendan Carr, violated the lst Amendment when he threatened ABC with consequences if it didn’t take action against Kimmel.

“Look, we can do this the easy way or the hard way,” Carr said during an appearance on Benny Johnson’s podcast Wednesday in response to Kimmel’s monologue. “These companies can find ways to change conduct, to take action, frankly, on Kimmel, or, you know, there’s going to be additional work for the FCC ahead.” Carr added that this “is a very, very serious issue for Disney right now.” The law plainly states that government officials cross the line when they infringe on freedom of speech and threaten sanctions for expression, as Carr no doubt did — and ABC capitulated.