By Philip Klein
Thursday, September 18, 2025
The national debate over free speech in the aftermath of
Charlie Kirk’s assassination escalated on Wednesday night after ABC suspended
Jimmy Kimmel indefinitely following the blowback from his comments suggesting
that the accused shooter was actually “MAGA” rather than a left-winger.
Many media figures who jumped on the story could not
bother to categorize the basic facts properly, which is something I want to lay
out here.
On CNN, a somber Erin Burnett said,
“The job should be to speak truth to power, even when there are people who
don’t like the word ‘truth’ anymore.” But there was no “truth” spoken by Jimmy
Kimmel. In reality, he lied in an attempt to smear all supporters of President
Trump.
Kimmel said: “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.”
While he never explicitly said the words “the shooter was
MAGA,” that’s the natural implication of what he said.
Ideally, what should have gone down, especially after
more evidence came out demonstrating that the shooter came from the left, was that Kimmel should have gone on air
the next night to apologize for getting it wrong, and to correct the record. If
a late-night comic is going to deviate from telling jokes to reporting on news
events, he should take responsibility.
That didn’t happen.
Per sources cited by the Hollywood Reporter, Kimmel planned to
argue on air that his comments were taken out of context, but he “was not
planning on apologizing. He felt that what he said did not require an apology.”
Two major ABC affiliates, Nexstar and Sinclair, both
announced that they would stop carrying the show for an unspecified period of
time. Nexstar released the following explanation:
Mr. Kimmel’s comments about the
death of Mr. Kirk are offensive and insensitive at a critical time in our
national political discourse, and we do not believe they reflect the spectrum
of opinions, views, or values of the local communities in which we are located.
Continuing to give Mr. Kimmel a broadcast platform in the communities we serve
is simply not in the public interest at the current time, and we have made the
difficult decision to preempt his show in an effort to let cooler heads prevail
as we move toward the resumption of respectful, constructive dialogue.
The pressure from these affiliates then forced the hand
of Disney/ABC, which wasn’t going to produce a show that would not be seen in
large swathes of the country.
If this were the whole story, especially given the added
reality that late-night comedy shows are in decline and that Kimmel’s ratings
are even lower than the canceled Stephen Colbert’s, I would
probably come down on the side that it was okay. In other words, if Kimmel were
given the option of doing the honorable thing and apologizing and issuing a
correction, and he refused, there is no reason the network should continue to
produce his failing show.
However, that is not the whole story.
The move came in the face of threats from Trump and
Brendan Carr, the chairman of the FCC.
In late August, Trump said he supported the FCC revoking the broadcast licenses
of ABC and NBC over their overwhelmingly critical coverage of his
administration. This week, he was asked to respond to Attorney General Pam
Bondi’s comments about the government’s ability to police “hate
speech.” Instead of affirming that there is no such thing as a “hate speech”
carve-out to the First Amendment, Trump noted
that the reporter was from ABC, which engaged in “hate” through its critical
coverage of him, and said “maybe they’ll have to go after you.”
Carr, getting more specific on Benny Johnson’s podcast, attacked
the Kimmel segment and said “there are avenues here for the FCC.” He noted that
broadcasters are special because they have a license granted by the FCC “that
comes with an obligation to operate in the public interest.” Carr insisted that
they wanted enforcement of the public interest rule to be “reinvigorated.” He
then warned, “We can do this the easy way, or the hard way.” He
went on to state explicitly that
“these companies can find ways to change conduct to take action, frankly, on
Kimmel or there’s going to be additional work for the FCC ahead.”
Beyond the power FCC has over broadcasting licenses,
Nexstar, the first ABC affiliate to pull the plug, is in the midst of trying to
complete a merger with local broadcaster TEGNA that requires FCC approval (with
the application expected by September 30).
Taken together, it’s clear that the decision to sideline
Kimmel cannot be merely dismissed as purely the actions of the private
broadcasters. Instead, this was an example of the government using its powerful
leverage over broadcasters to get them to take action. ABC and its affiliates
may have pulled the trigger, but they did so with FCC guns pointed at their own
heads if they did not.
This action is ultimately a victory for a certain
ideological strain on the right that has been at war in recent years against
limited-government impulses. Traditional conservatives still have a
disinclination to leverage government power over individuals and businesses.
But another element of the right (call it populist or MAGA or New Right)
believes that the left will always wield government as a club when Democrats
have power, so it would represent unilateral disarmament for Republicans to
behave any differently. Indeed, when they had the opportunity, Democrats leaned
on Big Tech companies to stifle conservative speech in the name of fighting
“misinformation” — leading to the deplatforming, demonetization, and
shadow-banning of conservatives or other news and commentary they didn’t like.
While I am obviously an opponent of the efforts by the
previous administration to suppress conservative speech, I still believe that
the proper response is to push to allow more speech rather than create an
excuse for the radical left to go even further in efforts to crack down on
dissent the next time they get the chance. I’m sure there are many Democrats
out there who can think of creative ways to deploy the FCC’s “reinvigorated”
use of the public interest rule or to pull other levers to target conservatives.
If anything, instead of reinvigorating the FCC, conservatives should be looking
to abolish it. In a free society, people should not feel that their ability to
comment on issues of the day will vary based on which party is in power.
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