FCC overreaches in bid to remove Jimmy Kimmel from television broadcast
In a controversial move, the Federal Communications Commission (FCC) chair, Brendan Carr, has threatened ABC with potential consequences if the network fails to take action against Jimmy Kimmel's late-night show. This action has sparked a heated debate over the First Amendment, as the FCC is not authorized to regulate a broadcaster's content or speech based on its viewpoint.
Carr, known for his conservative leanings, has been vocal about what he considers "partisan" and "news distortion." His stance has raised questions about the potential politicization of the FCC's regulatory decisions.
The First Amendment has been at the centre of several recent controversies. President Trump, for instance, has issued executive orders against law firms for their speech and advocacy, and targeted universities such as Harvard and UCLA for cuts in funding. Trump has also threatened to take away the licenses of late-night hosts and TV stations for giving him bad press, a move that would clearly violate the First Amendment.
The Supreme Court has consistently upheld the protection of free speech. In a landmark decision in 1963, the Court held it unconstitutional for a commission to pressure distributors to stop selling certain books. More recently, in the case of National Rifle Assn. of America vs. Vullo, the court declared that government officials cannot attempt to coerce private parties to punish or suppress views they disfavor.
The National Rifle Assn. of America vs. Vullo case involved Maria Vullo, who allegedly encouraged insurance companies and bank officials to no longer do business with the NRA in response to the Parkland shooting. Vullo also allegedly agreed not to prosecute companies for their violations of the law if they ended their financial relationships with the NRA. The Supreme Court found these actions to be a violation of the First Amendment.
Trump, too, has faced legal challenges for his attempts to curb free speech. In 2020, he filed a $15-billion lawsuit against the New York Times and Penguin Random House, which was dismissed by a federal judge. Trump has also filed a lawsuit against the Wall Street Journal and owner Rupert Murdoch, and reached multimillion-dollar settlements with ABC and CBS.
The ongoing saga involving Jimmy Kimmel's show has garnered support from fellow late-night hosts, including Jimmy Stewart, Stephen Colbert, Jimmy Fallon, and Seth Meyers. ABC and Disney, however, have the legal freedom to suspend Kimmel's show if they so choose.
Carr's pressure on ABC and local broadcasters to take action against "Jimmy Kimmel Live!" on June 14, 2022, has raised concerns about the politicization of the FCC and the potential infringement on the First Amendment. As the debate continues, it remains to be seen how this situation will unfold.
Erwin Chemerinsky, dean of the UC Berkeley Law School, is an Opinion Voices contributing writer.
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