All posts tagged "first amendment"

UNC reinstates prof who had been suspended amid Charlie Kirk furor

UNC Chapel is immediately reinstating a professor suspended in response to a dubious link to celebrations of conservative activist Charlie Kirk’s assassination.

The university said in an email Friday morning that following a “threat assessment,” the university found there was no basis to conclude that Dwayne Dixon, a teaching associate professor in the Department of Asian and Middle Eastern Studies, “poses a threat to university students, staff and faculty or has engaged in conduct that violates university policy.”

Dixon had received notification on Monday from Interim Provost James W. Dean Jr. that he was being placed on indefinite administrative leave with pay due to “recent reports and expressions of concerns regarding your alleged advocacy of politically motivated violence.”

The interim provost had also forbidden Dixon from communicating with current or former students and colleagues without prior approval from the university.

Dixon’s suspension followed a Fox News report over the previous weekend about his past association with John Brown Gun Clubs and the Silver Valley chapter of Redneck Revolt, both armed left-wing groups, in connection with flyers posted at Georgetown University that appeared to celebrate Kirk’s death. On the same day as publication of the Fox News report, Andrew Kolvet, spokesperson for Turning Point USA, the group founded by Kirk, demanded Dixon’s firing.

The flyers included the text, “Hey, fascist! Catch!” The same words were allegedly engraved in the unfired casing of one of the bullets used by Tyler Robinson, the 22-year-old Utahn accused of killing Kirk. The Georgetown University flyer goes on to say: “The only political group that celebrates when Nazis die. Join the John Brown Club.”

The decision comes a day after the ACLU of North Carolina sent a letter to the university demanding Dixon’s reinstatement. The free speech organization issued an ultimatum that the university reinstate Dixon by 5 p.m. on Friday or face legal action.

“The university’s decision to place Professor Dixon on administrative leave merely because of his association with certain groups is a textbook violation of the First Amendment,” Staff Attorney Ivy Johnson wrote.

“There is nothing to suggest Professor Dixon was in any way involved with, or even aware of, the flyers distributed on Georgetown’s campus,” the letter said. “Indeed, Professor Dixon has not been affiliated with the John Brown Gun Club or Redneck Revolt since 2018.”

How a purple gender unicorn summoned the ghost of Joe McCarthy

By Laura Gail Miller, Ed.D. Candidate in Educational Organizational Learning and Leadership, Seattle University.

Texas A&M University announced the resignation of its president, Mark A. Welsh III, on Sept. 18, 2025, following a controversial decision earlier in the month to fire a professor over a classroom exchange with a student about gender identity.

The university — a public school in College Station, Texas — fired Melissa McCoul, a children’s literature professor, on Sept. 9. McCoul’s dismissal happened after a student secretly filmed video as the professor taught a class and discussed a children’s book that includes the image of a purple “gender unicorn,” a cartoon image that is sometimes used to teach about gender identity.

The student questioned whether it was “legal” to be teaching about gender identity, given President Donald Trump’s January 2025 executive order — which is not legally binding — that said there are only two genders, male and female.

The video went viral, triggering backlash from Republican lawmakers who called for McCoul to be fired and praised the fact that the school also demoted the College of Arts and Science’s dean and revoked administrative duties from a department head.

Texas A&M officials have said McCoul was fired because her course content was not consistent with the published course description. McCoul is appealing her firing and is considering legal action against the school.

Academic freedom advocates have condemned McCoul’s firing and say it raises questions about whether professors should be fired for addressing politically charged topics.

As a history educator researching curriculum design, civics education and generational dynamics, I study how classroom discussions often mirror larger cultural and political conflicts.

The Texas A&M case is far from unprecedented. The Cold War offers an example of another politically contentious time in American history when people questioned if and how politics should influence what gets taught in the classroom — and tried to restrict what teachers say.

Educators under suspicion

During the Cold War — a period of geopolitical tension between the U.S. and the Soviet Union that came after World War II and lasted until 1991 — fears of communist infiltration spread widely across American society, including the country’s schools.

One particularly contentious period was in the late 1940s and 1950s, during what is often referred to as the McCarthy era. The era is named after Wisconsin Sen. Joseph McCarthy, a Republican who led the charge on accusing government employees and others — often without evidence — of being communists.

Beginning in the late 1940s, local school boards, state legislatures and Congress launched investigations into teachers and professors across the country accused of harboring communist sympathies. This often led to the teachers being blacklisted and fired.

More than 20 states passed loyalty oath laws requiring public employees, including educators, to swear that they were not members of the Communist Party or affiliated groups.

In California, for example, the 1950 Levering Act mandated a loyalty oath for all state employees, including professors at public universities. Some employees refused to sign the oath, and 31 University of California professors were fired.

And in New York, the Feinberg Law, approved in 1949, authorized school districts to fire teachers who were members of “subversive organizations.” More than 250 educators were fired or forced to resign under the Feinberg Law and related anti-subversion policies between 1948 and 1953.

These laws had a chilling impact on academic life and learning.

Faculty, including those who were not under investigation, and students alike avoided discussing controversial topics, such as labor organizing and civil rights, in the classroom.

This pervasive climate of censorship also made it challenging for educators to fully engage students in critical, meaningful learning.

Supreme Court steps in

By the mid-1950s, questions about the constitutionality of these laws — and the extent of professors’ academic freedom and First Amendment right to freedom of speech — reached the Supreme Court.

In one such case, 1957’s Sweezy v. New Hampshire, Louis C. Weyman, the New Hampshire attorney general, questioned Paul Sweezy, a Marxist economist, about the content of a university lecture he delivered at the University of New Hampshire.

Weyman wanted to determine whether Sweezy had advocated for Marxism or said that socialism was inevitable in the country. Sweezy refused to answer Weyman’s questions, citing his constitutional rights. The Supreme Court ruled in Sweezy’s favor, emphasizing the importance of academic freedom and the constitutional limits on state interference in university teaching.

The Supreme Court considered another case, Keyishian v. Board of Regents, in 1967. With the Cold War still ongoing, this case challenged New York’s Feinberg Law, which required educators to disavow membership in communist organizations.

In striking down the law, the court declared that academic freedom is “a special concern of the First Amendment.” The ruling emphasized that vague or broad restrictions on what teachers can say or believe create an unconstitutional, “chilling effect” on the classroom.

While these cases did not remove all political pressures on what teachers could discuss in class, they set significant constitutional limits on state efforts to regulate classroom speech, particularly at public institutions.

Recurring tensions

There are several important differences between the McCarthy era and current times.

For starters, conservative concern centered primarily on the spread of communism during the McCarthy era. Today, debates often involve conservative critiques of how topics such as gender identity, race and other cultural issues — sometimes grouped under the term “woke” — are addressed in schools and society.

Second, in the 1950s and 60s, external pressures on academic freedom often came in the form of legal mandates.

Today, the political landscape in academia is more complex and fast-paced, with pressures emanating from both the public and federal government.

Viral outrage, administrative investigations and threats to cut state or federal funding to schools can all contribute to an intensifying climate of fear of retribution that constrains educators’ ability to teach freely.

Despite these differences, the underlying dynamic between the two time periods is similar — in both cases, political polarization intensifies public scrutiny of educators.

Like loyalty oaths in the 1950s, today’s political controversies create a climate in which many teachers feel pressure to avoid contentious topics altogether. Even when no laws are passed, the possibility of complaints, investigations or firings can shape classroom choices.

Just as Sweezy and Keyishian defined the boundaries of state power in the 1950s and 60s, potential legal challenges like the appeal from the fired Texas A&M professor may eventually lead to court rulings that clarify how people’s First Amendment protections apply in today’s disputes over curriculum and teaching.

Whether these foundational protections will endure under the Supreme Court’s current and future makeup remains an open question.

Here's the real lesson of the Jimmy Kimmel saga — and it's not good for Trump's lackeys

Jimmy Kimmel was back on Tuesday night and he did not apologize. He said he wasn't trying to make a joke at the expense of a dead demagogue (not his words) but that he understood if his monologue last week about the killing of Charlie Kirk was taken by some to be "ill-timed or unclear or maybe both." Otherwise, however, he had strong words for the companies that continue to black-out his show, Nexstar and Sinclair.

"That's not American," he said. "That's un-American."

What lessons can we draw from his remarks and this entire episode?

First, that the president may seem strong, perhaps invincible, but isn’t. Like all tyrants, Donald Trump needs collaborators and opportunists who are driven by greed and ambition more than belief in the one true (maga) faith. While Trump is doing what he can to shield himself from democratic accountability (gerrymandering, for instance, and attempting to prosecute enemies), many of those collaborators and opportunists can’t. They are exposed to the heat of public opinion.

Trump used the Federal Communications Commission under Chairman Brendan Carr to bully Disney, which owns ABC — cancel the funny guy or lose your broadcast license. ABC obeyed, sparking public outrage leading to Disney losing about $6.4 billion in market value by Monday morning. By Monday afternoon, it said Kimmel was back.

Trump intimidates anyone who allows himself to be intimidated. Disney didn’t have to suspend Kimmel. It could have fought back in court, and almost certainly succeeded, against attempts by the FCC to revoke its license. It didn’t stand firm on First Amendment grounds, because it didn’t have the incentive to (though it could expect to be bullied again.) But the boycott, which triggered its losses, was all the reason it needed to restore its love of free speech.

We are seeing a similar dynamic happening throughout the regime, in which greedy, ambitious collaborators who believed Trump’s power would shield them now seem to be reassessing their position. With an eye on polls showing an increasingly unpopular president, which fuels the potential for a Democratic takeover of the House this time next year, US Attorney General Pam Bondi appears to be rethinking how far she is willing to go to break the law in Trump’s name. Thanks to the Supreme Court, he’s immune to prosecution. She, however, is not.

I think the second lesson we can draw from Jimmy Kimmel’s return is that his suspension had nothing to do with Kirk or remarks made by Kimmel about him. The demagogue’s murder was exploited cynically — by the regime and by collaborators — in order to achieve a desired outcome. None actually cared about the truth of their words, only whether those words accomplished their goals.

The regime wanted to punish dissent, so it accused Kimmel of “the sickest conduct possible” to create conditions for doing so. Brendan Carr said Kimmel “appeared to be making an intentional effort to mislead the public that Kirk’s assassin was a right-wing Trump supporter,” the AP said. Kimmel didn’t say suspect Tyler Robinson was MAGA. He said MAGA was doing everything it could to prove he wasn’t MAGA.

ABC wanted to get the regime off its back, so it caved, pointing to the grumbling of affiliate owners as reason (see below). Now that it has rediscovered its spine, however, the regime must decide whether to back off, exposing its weakness, or move forward with more threats, thus forcing ABC executives to defend their original position, perhaps this time in court, which was that nothing Kimmel said was over the line, and anyway, have you heard about this thing called free speech?

Nexstar and Sinclair, owners of a quarter of the country’s ABC stations, want something too — and are exploiting a dead demagogue to get it.

Sinclair, which is owned by an obscenely rich family, wants uniform rightwing propaganda. (It has aired programming that claims that Kirk was a prophet.) Nexstar wants Carr to sign off on a merger with another TV company, Tegna. Both Nexstar and Sinclair have said they still won’t broadcast Kimmel because of the terrible things he said about Kirk, which were not terrible things, and they know it. They are only saying they were, because they are collaborators who believe they can please Trump by strawbossing a comedian who makes fun of him.

And Kirk is just one example of exploitation. The regime, and anyone who thinks they can benefit from it, do not believe anything they say. They say they are fighting misinformation while spewing vast amounts of misinformation. They say they are combatting political violence while inspiring political violence. They say they are defending free speech and liberty while policing speech and punishing dissent.

Last week, the president suggested that unfavorable news coverage about him is “really illegal.” He told the White House press corps that “they’ll take a great story and they’ll make it bad. See, I think that’s really illegal.” He added: “Personally, you can’t have a free airwave if you’re getting free airwaves from the United States government.”

But on Jan. 20, 2025, Inauguration Day, Trump said: “After years and years of illegal and unconstitutional federal efforts to restrict free expression, I will also sign an executive order to immediately stop all government censorship and bring back free speech to America”

He didn’t mean a word, but his collaborators work very hard to hide that fact, and as long as they do, Trump lies keep their hold on us.

Make them feel the heat of public anger, however — make collaborators understand that their benefactor can protect them for only so long — then their behavior changes, and with that, Trump’s power wanes.

Perhaps that’s the most important takeaway from Kimmel’s comeback: that the people still have power, that the enemies of democracy aim to convince the people otherwise, and that tinfoil dictators like Trump are only as strong as the greed and ambition of those around them.

We won the battle over Jimmy Kimmel. Here's how to win the PR war with Trump

When ABC/Disney indefinitely suspended Jimmy Kimmel, it seemed unlikely they’d reverse their decision within a week. Trump and his allies aimed to suppress not only Kimmel’s voice, but to intimidate anyone opposing them. Instead, the suspension backfired, energized the Trump opposition, and offers lessons on how to push back on the administration’s other attacks on democracy.

Let’s recount the history. After the killing of Charlie Kirk, Kimmel posted, “Can we just for one day agree that it is horrible and monstrous to shoot another human.” He also sent his family’s “love to the Kirks and to all the children, parents and innocents who fall victim to senseless gun violence.”

But the attacks on Kimmel didn’t mention that, focusing instead on his statement that “the MAGA gang [is] 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.”

Suspect Tyler Robinson’s parents were indeed strong Trump supporters, so he did come out of a MAGA background, even if he likely left that culture. Maybe Kimmel could have been clearer. But Kimmel’s point about the Trump team trying to score political points has only been proven more true.

Trump had already warned in July that Kimmel should be fired, after Stephen Colbert of CBS. After Kimmel’s statements following the assassination, Trump FCC head Brendan Carr threatened to fine and revoke the licenses of stations carrying Kimmel’s show, stopping just short of leaving a dead horse on the bed. Nexstar and Sinclair then jumped in saying they wouldn’t air Kimmel’s episodes, and Sinclair demanded Kimmel personally donate to Turning Point USA, Kirk’s group, and to his family. ABC/Disney caved. Vladimir Putin and his oligarchs would have be proud.

Except that Americans responded with appropriate outrage. The cancellation site of the Disney+ streaming service reportedly crashed. Late-night talk hosts and Disney stars spoke out. People demonstrated in front of Disney HQ, led by the Writer’s Guild and supported by the other film industry unions, and at ABC headquarters in NY. More than 400 actors and other entertainers, including some of the biggest names in Hollywood, signed an ACLU letter.

Grassroots reactions accelerated as progressive organizations engaged. Common Cause launched a Turn Off Disney campaign. FreePress.Net started a call-in campaign. Indivisible offered a menu of approaches, MoveOn circulated a petition. Hashtags trended: #BoycottDisney, #CancelDisneyABC, #CancelDisneyPlus, #CancelHulu,#BoycottSinclair, #IstandWithJimmyKimmel.

The pushback even crossed party lines, with Kimmel getting support from conservative-leaning comedians. Sen. Ted Cruz (R-TX) focused on Carr’s threats of suspending licenses, saying it was “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.”

So what are the lessons for continuing to push back against Trump and all he represents? How can we make it more difficult for Trump and his allies to silence Kimmel later, or others who’d challenge them?

  • When consumer-facing companies like Disney support Trump’s agenda, they make themselves vulnerable. The boycott campaign targeted theme parks, cruises, movies, and channels like Disney+, ESPN, and Hulu. While the political right runs boycotts as well (and has threatened Disney), the company’s craven submission to Trump gave a chance to levy pressure and remind people that if they can target Kimmel, they can target anyone. We can use boycotts in other contexts as well — like the oil companies that helped pay for Trump’s election in return for his doing his best to smash renewable energy. We just need to pick effective targets where it’s straightforward to highlight their dubious actions.
  • The response built a broad coalition of fellow-citizens who were outraged, whether or not they were Kimmel fans. If we’re going to stop Trump’s attacks on democracy, it means working with people we don’t necessarily agree with. The courageous Russian dissident Alexei Navalny talked about why, when there was more space for dissent, he supported the right of Russian nationalists to protest Putin, and even helped them organize, although he found some of their views repugnant. We need to make our coalitions as broad as possible.
  • Disney caved, but Nexstar and Sinclair jumped in to lead the charge following Carr’s FCC threats. And have so far refused to put Kimmel back on. So continued pressure on them makes sense, particularly as Sinclair played a longtime role demanding that their stations air their right-wing segments and talking points. Nexstar hasn’t historically been as aggressive, but is asking Trump’s FCC to relax market concentration rules to let them merge with Tegna. Even if we can’t block the merger their actions around Kimmel lets us highlight the danger of allowing a handful of oligarchs to dominate what people see and hear. Continuing to targeting Nexstar, and Sinclair’s local stations is a way to give people a way to continue involvement, with local public protests echoing the Tesla Takedown campaigns in giving people ways to act within their own communities.
  • Culture matters, as the Trump supporters know well. Just because a high-profile entertainer comments on an issue or supports a candidate, it doesn’t automatically mean the positions of their fans will change or their candidate will win. But speaking out with passion and heart, as people did around Kimmel, can move others to act.
  • Boycotts can pressure station advertisers. Local groups can announce targets. People can find advertisers by watching local broadcasts. The Kimmel suspension even inspired a crowdsourced map where people can take pictures of TV ads and upload them with links to which advertiser and which station. Supportive congressional representatives can investigate the conversations FCC head Carr did and didn’t have related to Kimmel.

Because Kimmel was such a visible public figure, the efforts defending him were able to ride a wave of major news coverage and massive spontaneous public reactions, including by people who weren’t political junkies. But if we’re to build on this momentum, it’s going to take coalitions that act together, persist, and coordinate, instead of over-relying on spontaneous reactions or self-organizing maps. Local Seattle groups, for instance got excellent coverage for organizing a protest at their Sinclair affiliate KOMO. But when individuals launched a boycottdisneyabc.com site and listed a separate protest the next day at the same station, along with other ABC/Nextstar affiliates, literally zero people attended. Successful pushback takes both organization and individual action.

Kimmel wasn’t the only media figure targeted for questioning Kirk’s values or how the administration was using the murder to attack political enemies. MSNBC fired Matthew Dowd and the Washington Post fired columnist Karen Attiah, but they had far less presence than Kimmel, and responses so far have been limited. So lots more work remains to be done, particularly since Trump made clear at Kirk’s funeral that he’s coming after more organizations and people.

By reversing Kimmel’s suspension, however, those of us who acted got a taste of our own power. The Kirk shooting was a tragedy on multiple levels. It escalated American political violence. It gave Trump and his allies a martyr, whose death energized them with an even further sense of righteousness. It sowed a fear that if you spoke or wrote the wrong words and didn’t toe the line, you’d be a target next. But because the administration so immediately jumped to weaponize the murder against their enemies by targeting Kimmel, and because so many individuals and organizations successfully pushed back, the restoration of his slot gave the majority of Americans who oppose Trump a sense of possibility and agency — which we can carry forward. They showed that a would-be dictator can try and shut down people who disagree with him, but when enough of us act and stand together those efforts will fail.

This Dem just gave voice to the resistance

As you know, Jimmy Kimmel was suspended — before being reinstated this week — due to two factors.

One is a federal government, specifically the FCC, that is turning into the Thought Police.

The second is the cowards and quislings at Disney and ABC, who are under the illusion that they can forfeit just a little of their freedom and the Thought Police won’t eventually confiscate it all.

After Kimmel was suspended, there was an outpouring of support by artists and journalists, politicians and free-speech advocates, as well as other late-night hosts. CBS News reported that, “Jon Stewart, Stephen Colbert and Jimmy Fallon opened their late-night shows using a mix of humor, song and expressions of solidarity” with Kimmel.

Colbert’s commentary was notable. He reran the segment of Kimmel’s remarks that FCC Chairman Brendan Carr called “the sickest conduct possible.”

That segment: “The MAGA Gang [is] 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. In between the finger-pointing, there was grieving.”

“Given the FCC’s response, I was expecting something more provocative,” Stephen Colbert said. “That’s like hearing that Playboy has a racy new centerfold and finding out it’s just … Jimmy Kimmel.”He went further.

Colbert said it sounds like the FCC told ABC to punish Jimmy Kimmel or else.

“It feels to me shutting down this type of speech would represent a serious threat to our freedoms,” he said. “And you know who else thinks that? Brendan Carr in 2020 when he tweeted: ‘From internet memes to late-night comedians … political satire … helps hold those in power accountable. Shutting down this type of political speech — especially at the urging of those targeted or threatened by its message — would represent a serious threat to our freedoms.’”

- YouTube youtu.be

That’s good, and I think we should remain hopeful, but I think we should also be realistic. The regime has moved from being coy about its plan to punish dissent to being open about it. The New York Times reported that the president said “broadcasters risk losing licenses when hosts criticize him.” His followers are bragging. Benny Johnson, the prominent propagandist, said: “We did it for you, Charlie. And we’re just getting started.” With Kimmel, even after the reinstatement, a chill has set in.

I would now expect TV people to be looking over their shoulders, not only at the people who cut their paychecks, but to the snitches eager to rat them out. We can expect that chill to seep into their work. And that chill will likely be chilliest among people Trump already dislikes.

It’s as MSNBC’s Anthony Fisher said yesterday afternoon: “What is happening now is actual, successful, speech-chilling censorship.”

And we have seen it before.

Fisher refers to the “MAGA thought police,” a spin on the secret police force, modeled after Soviet Russia’s, featured in George Orwell’s Nineteen Eighty-Four. (It punishes “thoughtcrimes.”) Zack Beauchamp wrote a big piece about the “the third red scare,” a reference to the first one, in the 1920s, and the second one, in the 1950s, in which the country seemed to erupt in paranoia about Communists hiding behind every tree. This time, though, instead of the red being that of the Communist Party of the Soviet Union, it’s that of the Republican Party of the United States.

And finally Jeet Heer said: “This is the biggest attack on free speech since the McCarthy era but it also has significantly less popular consensus behind it than the second Red Scare. It's being done on behalf of a minority faction led by the most unpopular president in modern history. Organizing against this can win.”

Good organizing needs good messaging. That’s why, in addition to saying what’s happening now is like what happened in the first and second Red Scares, we should dust off the old 20th-century liberal rhetoric and update it for a new kind of totalitarian regime. And I think, without really being aware of it, Ro Khanna did just that.

“This administration has initiated the largest assault on the first amendment and free speech in modern history,” the congressman said last week. “They’re making comedy illegal. Brendan Carr pressured ABC to cancel Jimmy Kimmel and Disney [which owns ABC] canceled Jimmy Kimmel, this canceling from an administration that lectured us about culture.

“That’s why today I’m introducing a motion to subpoena Brendan Carr to bring him in front of this committee to stop the intimidation of private businesses and to stand up for the First Amendment.

“Now it’s not just Brendan Carr. Attorney General Pam Bondi is prosecuting hate speech, even though hate speech is constitutionally protected and even though we’ve had so many lectures from my friends on the other side of the aisle not to prosecute hate speech.

“And then what about our vice president, the champion of free speech, as he told us during the campaign. The vice president is telling Americans to snitch on fellow Americans with offensive posts and to call their employer so they can be fired. And the vice president is threatening to prosecute political organizations that he disagrees with.

“We are Article 1 of the Constitution, not foot lackeys … It is time that we stand up for our constitutional role to defend the freedoms of Americans? People are tired of us giving our power to Donald Trump at JD Vance. We have an obligation to our constitution, not to Donald Trump at JD Vance, as they ride roughshod over the First Amendment.”

This assault isn't about Charlie Kirk

Telling the truth about a propagandist and liar has been deemed a radical act worthy of punishment. I use the case of novelist Stephen King to illustrate.

King had said Charlie Kirk, who was murdered this month, “advocated for stoning gays to death.” King was speaking the spirit of the truth, if not the precise letter of it, but was nevertheless hounded and harassed into apologizing by right-wingers who not only want to police speech but compel it. You shall honor the saintly demagogue or pay a price.

Unsurprisingly, the dragnet is widening. Last week, late-night television host Jimmy Kimmel was “suspended indefinitely.” (That probably means his show is canceled.) According to the AP, it’s because comments he “made about Charlie Kirk’s killing led a group of ABC-affiliated stations to say it would not air the show and provoked some ominous comments from a top federal regulator.”

What comments?

Before I tell you what Jimmy Kimmel said, it’s important to tell you what other people are saying he said. Why? Because it’s like a sinister game of telephone, and the farther we get from the facts of what he said, the more chances there are for the totalitarians among us to replace reality with lies, making us all liars (not to mention insane).

First, a voice from the right, Piers Morgan: “Jimmy Kimmel lied about Charlie Kirk’s assassin being MAGA. This caused understandable outrage all over America, prompted TV station owners to say they wouldn’t air him, and he’s now been suspended by his employers. Why is he being heralded as some kind of free speech martyr?”

Second, a voice from the left, MSNBC’s Chris Hayes: The ABC affiliates said they would refuse “to air Kimmel’s show, they say, because the comments the late night host made on Monday night relating to the motives of the man who shot and killed Charlie Kirk wrongly suggest[ed] the killer was part of the MAGA movement. He was not.”

Morgan is wrong. Kimmel didn’t lie. Hayes is wrong, too. Jimmy Kimmel did not suggest “the killer was part of the MAGA movement.”

Here’s what he said, per the AP:

“The MAGA Gang [is] 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. In between the finger-pointing, there was grieving.”

Also: “Many in MAGA land are working very hard to capitalize on the murder of Charlie Kirk.”

See anything wrong here? I don’t.

Indeed, neither did “multiple executives” at ABC, who, according to Rolling Stone, “felt that Kimmel had not actually said anything over the line.” What they did feel, however, was fear of an unfavorable interpretation of Kimmel’s words. Rolling Stone reported that two sources said “the threat of Trump administration retaliation loomed.”

What retaliation? Hayes reported on it, as did the AP. Just before the Kimmel news broke, the chairman of the Federal Communications Commission, Brendan Carr, issued an open threat to ABC, which is owned by the Walt Disney Company: get rid of Jimmy Kimmel or else.

“This is a very, very serious issue right now for Disney,” Brendan Carr told maga propagandist Benny Johnson. “We can do this the easy way or the hard way. These companies can find ways to take action on Kimmel or there is going to be additional work for the FCC ahead.”

And with that, it’s clear this is no longer about a dead demagogue. It’s about exploiting the memory of a dead demagogue to advance the totalitarian project: to not only police speech but compel it. I expect Kimmel to follow Stephen King’s lead and apologize in time for doing something he did not do, affirming the lie and undermining the truth.

I think the union representing Kimmel’s musicians is right.

“This is not complicated,” said Tino Gagliardi, the president of the American Federation of Musicians. “Trump’s FCC identified speech it did not like and threatened ABC with extreme reprisals. This is state censorship. It’s now happening in the United States of America, not some far-off country. … This act by the Trump Administration represents a direct attack on free speech and artistic expression. These are fundamental rights that we must protect in a free society.”

But I think it’s wrong too. This is complicated.

What’s happening is not just a consequence of government thugs attacking free speech and artistic expression. It’s also the consequences of three decades of corporate consolidation and the near-total lack of antitrust law enforcement. A handful of companies now own media outlets tens of millions use. In the case of the ABC affiliates, two firms — Nexstar and Sinclair — own nearly all of them.

This results in not only an artificially narrow range of information and views, but also a vulnerability on the part of media owners faced with a belligerent government such as the current one. They can stand on free press and free speech grounds and risk the wrath of a criminal FCC, or they can play along. ABC could have chosen to interpret Kimmel’s words in his favor — he didn’t say what critics said he said. Instead, it chose to interpret his words in maga’s favor. It sacrificed Kimmel in the misbegotten hope that doing so will appease them.

It won’t.

I don’t mean ABC won’t get something for failing to take its own side in a fight. (I have no idea what it might gain.) I mean surrendering in advance won’t end well, as we have seen in countries like Hungary and Turkey, where “autocratic carrots and sticks,” as Brian Stelter put it, have led to their respective governments having near-total control of the media. No one in Hungary mocks Viktor Orbán. No one in Turkey jokes about Recep Tayyip Erdoğan. And that’s what Donald Trump wants.

Jimmy Kimmel isn’t just a comedian. To the president and MAGA faithful, he represents “the left,” which is to say, anyone who has enough independence of mind to laugh. Indeed, that might be the biggest obstacle to their hostile takeover attempt. If you have the courage to laugh at the reality of the human condition, you don’t need a strongman like Donald Trump to save you from the truth about it.

But courage, like the enforcement of antitrust law, is lacking. It’s one thing for the state to bully private enterprise. It’s another for private enterprise to roll over, because it believes rolling over is its interest.

I’ll end by quoting Dan Le Batard.

“Once you’re a coward who is extorted, the bully’s gonna keep extorting” you, the sportswriter and podcaster said. “When [ABC] gave Trump $16 million on something that [ABC News anchor George] Stephanopoulos said, they opened the doors now to all of media feeling like it needs to capitulate to a threat — and now you get dangerously close to state-run media.”

He added: “I’ve never seen, in my lifetime, America in the position it’s presently in where the media is running this kind of scared from power, as if we’re not a place where one of the chief principles is free speech.”

Jimmy Kimmel's suspension is not the biggest threat to freedom of speech — this is

The suspension of Jimmy Kimmel and the cancelling of his long-running eponymous late-night TV show by Disney-owned ABC is certainly disturbing from the perspective of anyone who defends the First Amendment in the US — myself included.

It’s quite clear that the Trump administration saw an opportunity to take down a thorn in its side and used Federal Communications Commission (FCC) Chairman Brendan Carr’s influence over Nexstar, a media conglomerate that owns many ABC affiliate stations, to swiftly and successfully pressure the network to do its bidding.

Meaning that, right-wing protestations to the contrary, the incident definitely passes the censorship smell test.

But it should be understood that major corporate-owned media like ABC has only rarely truly championed the First Amendment, because programming that is critical of the capitalism that makes ABC possible has generally never been allowed to air on its channels.

And there are other blind spots besides … the most obvious being Gaza-shaped. So, if Kimmel was an open socialist like me or had a history of taking potentially career-damaging stands like protesting the ongoing Israeli genocide against the Palestinians of Gaza, he would never have been given a show in the first place.

Because the thing that speaks most loudly to the owners of conglomerates like Disney that own media companies like ABC is money. As long as a talent like Kimmel brought in plenty of cash and didn’t really rock powerful boats too far beyond what was widely considered fair game for a comedian, he was safe. But the moment he pissed off top conservatives with an iron-clad grip on the federal government enough to threaten ABC’s, and therefore Disney’s, bottom line, he was forced out.

And that’s what happened when Kimmel, frankly, overconfidently stated that Charlie Kirk’s assassin was a right-winger (which does not now appear to be the case) on “Jimmy Kimmel Live!,” the Trump administration smelled blood in the water; Carr immediately announced that the FCC would have to look over the licenses of TV stations that continued to air his show; and Nexstar, a company with a big deal in the works that required FCC approval, immediately ordered its local TV stations to stop airing Kimmel. As did Sinclair, another company that owns ABC-affiliate stations.

Which is why I encourage readers to consider that if you want to defend the First Amendment and the free press that it has historically allowed to flower (more in better times, less in this era), your time and money would go a lot farther toward that goal if you support independent news organizations like the Boston Institute for Nonprofit Journalism (BINJ). Because the less frequently that our freedom of the press is used, the more likely we are to lose it … and the First Amendment with it.

Regrettably, as I’ve often written, the news industry and journalism itself are already on the rocks in this country. And the freest of the free press, independent press like BINJ, is far closer to perdition than major media combines at present due to the economic and technological forces arrayed against us. Possibly compounded by the looming threat of the Trump administration deciding to crush us outright at some unfortunate future point. Eliminating one of the most important remaining checks on unbridled political and economic power in our society in the process.

Jimmy Kimmel is a rich and very connected man. He’ll be fine. He’ll likely bounce back with a new show in record time. BINJ and the diminishing numbers of fellow indy news outlets around the country are not in any way fine. Both talk show hosts and journalists play important roles in America’s fragmented information ecology, true. But journalists provide the fodder for the hosts to riff on day in and day out, not so much the other way around.

So, if you expect to continue to have access to news and views on critical issues of the day that are free of the malign and debate-limiting influence that compromises media interests owned by vast corporations from Comcast NBCUniversal to Disney to Warner Bros. Discovery to Paramount Global to AT&T to Fox Corporation to Alphabet to Meta, then you could put your money and energy into helping us survive.

Most of the independent press at the local and regional level like BINJ do our big annual fundraisers every November and December these days. In fact, we’re celebrating BINJ’s 10th anniversary with a big fundraiser on Nov. 8 (details forthcoming).

If you want to help keep the free press free and help us continue our role as guardians of the First Amendment, support us. Support our many sibling publications in the Alliance of Nonprofit News Outlets. Support entertainers and artists that join us in speaking truth to power. And sure, put in a good word for Jimmy, his main flaw in my estimation being letting the Democrats off the hook too often. Just give your money and your sweat equity to the grassroots media and arts crews. The more the merrier. And the better for reinvigorating our failing democracy.

  • This editorial was originally produced for HorizonMass, the independent, student-driven news outlet of the Boston Institute for Nonprofit Journalism, and is syndicated by BINJ’s MassWire news service.
  • Jason Pramas is executive editor and associate publisher at DigBoston. Executive director of Boston Institute for Nonprofit Journalism. Former founder and editor/publisher of Open Media Boston. 2018 & 2019 Association of Alternative Newsmedia Political Column Award Winner.

Jimmy Kimmel's rights weren't violated — but ABC could sue Trump and win

By Wayne Unger, Associate Professor of Law, Quinnipiac University.

The assassination of conservative activist Charlie Kirk has sparked a wave of political commentary.

There were the respectful and sincere comments condemning the killing.

Former President Barack Obama said, “What happened was a tragedy and … I mourn for him and his family.” Former Vice President Mike Pence said, “I’m heartsick about what happened to him.”

But Kirk’s killing also elicited what many saw as inappropriate comments. MSNBC terminated commentator Matthew Dowd after he said, “Hateful thoughts lead to hateful words, which then lead to hateful actions.” American Airlines grounded pilots accused of celebrating Kirk’s death.

Perhaps the most notable reaction to remarks seen as controversial about the Kirk killing hit ABC comedian Jimmy Kimmel. His network suspended him indefinitely after comments that he made about the alleged shooter in Kirk’s death.

Countless defenders of Kimmel quickly responded to his indefinite suspension as an attack on the First Amendment. MSNBC host Chris Hayes posted the following on X: “This is the most straightforward attack on free speech from state actors I’ve ever seen in my life and it’s not even close.”

But is it?

Free speech? It depends

The First Amendment limits government officials from infringing one’s right to free speech and expression.

For example, the government cannot force someone to recite the Pledge of Allegiance or salute the American flag, because the First Amendment, as one Supreme Court justice wrote, “includes both the right to speak freely and the right to refrain from speaking at all.”

And government cannot limit speech that it finds disagreeable while permitting other speech that it favors.

However, the First Amendment does not apply to private employers. With the exception of the 13th Amendment, which generally prohibits slavery, the Constitution applies only to government and those acting on its behalf.

So, as a general rule, employers are free to discipline employees for their speech — even the employees’ speech outside of the workplace. In this way, U.S. Sen. Lindsey Graham (R-SC) correctly said on X, “Free speech doesn’t prevent you from being fired if you’re stupid and have poor judgment.”

This is why Amy Cooper’s employer, an investment firm, was free to terminate her following her 2020 verbal dispute in New York’s Central Park with a bird-watcher over her unleashed dog. She called the police, falsely claiming that the bird-watcher, a Black man, was threatening her life. The incident, captured on video, went viral and Cooper was fired, with her employer saying, “We do not condone racism of any kind.”

This is also why ABC was able to fire Roseanne Barr from the revival of her show, Roseanne, after she posted a tweet about Valerie Jarrett, a Black woman who had been a top aide to President Obama, that many viewed as racist.

But as a scholar of constitutional law, I believe Kimmel’s situation is not as straightforward.

Threat complicates things

Neither Cooper’s employer nor Barr’s employer faced any government pressure to terminate them.

Kimmel’s indefinite suspension followed a vague threat from the chairman of the Federal Communications Commission, Brendan Carr. As complaints about Kimmel’s statement exploded in conservative media, Carr suggested in a podcast interview that Kimmel’s statements could lead to the FCC revoking ABC affiliate stations’ licenses.

“We can do this the easy way or the hard way,” Carr said.

But the Supreme Court has been crystal clear. Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.

In a 2024 case, National Rifle Association v. Vullo, a unanimous Supreme Court plainly said that the government’s threat of invoking legal sanctions and other coercion to suppress speech it doesn’t like violates the First Amendment. That principle is so profound and fundamental that it got support from every member of an often bitterly divided court.

A threat to revoke broadcast licenses would almost certainly be seen in a court of law as a government action tantamount to coercion. And Carr’s public comments undoubtedly connect that threat to Kimmel’s disfavored comments.

If the FCC had indeed moved to strip ABC affiliates of their licenses to broadcast because of what Kimmel said, ABC and its parent company, Disney, could have sued the FCC to block the license revocations on First Amendment grounds, citing NRA v. Vullo.

But the network seemingly caved to the coercive threat instead of fighting for Kimmel. This is why so many are decrying the Kimmel suspension as an attack on free speech and the First Amendment — even though they might not fully understand the law they’re citing.

Jimmy Kimmel wasn't suspended for what he said about Charlie Kirk

It is important to get this right.

Comedian Jimmy Kimmel was suspended indefinitely Wednesday by ABC and his late-night show appears to have come to an end. It has been widely misreported that the action was related to the Charlie Kirk murder and its aftermath.

It was not.

Virtually every story about the sacking carried a headline referencing Kirk. The implication was clear that Kimmel was dismissed for something he said about Kirk. That’s the first thing I thought when the news broke.

That did not happen.

Donald Trump had Kimmel taken off the air — as he has suggested would happen after a similar fate befell Stephen Colbert as CBS — because he wanted to.

And because he could.

No need to call in Sherlock Holmes. Trump has long despised Kimmel, along with the entire mainstream media, which he routinely describes — in the grand tradition of history’s worst authoritarians — as “the enemy of the people.”

It’s obvious that Trump dispatched Brendan Carr, his sycophantic chairman of the FCC to put out the hit on Kimmel. Carr, a co-author of Project 2025, apparently did just that, and Disney — pushed by Nexstar, owner of roughly 30 of its ABC affiliates — rolled over.

This is the same Disney that folded a poker hand with four aces in December 2024, to “settle” for $15 million in a sham defamation lawsuit filed by Trump. It seems that Disney had far more to lose than $15 million — exponentially more — by crossing the incoming president.

So, it’s just another footnote to the story that Nexstar also has much larger fish to fry with the Trump administration — needing approval from Carr’s FCC for a pending, controversial, $6.2 billion merger with Tegna. It’s an instant replay of CBS putting profits above principle when it paid off Trump to save a proposed Paramount mega-merger with Skydance from sleeping with the fishes.

Carr offers no pretense of serving as anything but a corrupt political hack. Hours before the Kimmel announcement, he visited the friendly confines of Benny Johnson’s prominent conservative podcast and said this:

"We can do this the easy way or the hard way. These companies can find ways to change conduct and take actions on Kimmel, or, you know, there's going to be additional work for the FCC ahead."

Sneering at the theoretical independence of the FCC, Carr made himself exclusively available to Sean Hannity and Fox News after the Kimmel sacking. It did appear, however, that lawyers had advised him by then to lose “easy way or hard way” gangsta rap.

As for Kimmel, he should have been the last one targeted for disrespecting Charlie Kirk. This is what Kimmel had posted on Instagram in the wake of Kirk’s tragic passing:

“Instead of the angry finger‑pointing, can we just for one day agree that it is horrible and monstrous to shoot another human? On behalf of my family, we send love to the Kirks and to all the children, parents and innocents who fall victim to senseless gun violence.”

Kimmel has said nothing on air since to disparage Kirk or even revisit Kirk’s previous statements that were inflammatory and now seem ironic. I happen to agree with that, having taken the old-school view that Kirk’s murder be “deplored without qualification.”

If you want to view the Monday monologue from Kimmel that has been absurdly linked to his suspension, knock yourself out. You can view it here.

If you do, you’ll be shocked as I was to find that nothing Kimmel said even remotely approached mean-spiritedness about Kirk. Kimmel ridiculed Trump, and deservedly so, for the president’s pathetic response to a sympathetic reporter’s question about how he was “holding up” in the wake of Kirk’s death.

Trump said he was fine and immediately changed the subject to how exciting it was that he was building a big, fancy White House ballroom. It was a singular validation of the daily, brilliant reminders from Trump’s niece — psychologist Mary Trump — that this a man suffering severely from untreated narcissistic personality disorder.

Humiliating Trump can come at a grave price to any company needing anything from Trump’s corrupt FCC. But, as I’ve suggested, Kimmel’s monologue Monday was just a fig leaf for going after him.

It was only a matter of time.

Just remember this: When Trump exerts his will and power over media that depend upon the federal government for their licensing — and in the case of giant corporations, far more — he is not acting like a dictator.

He’s acting as a dictator.

Charlie Kirk was killed. We are in danger of letting our most valuable ideals die with him

On Aug. 9, 2016, Donald Trump, the Republican presidential nominee, stood on his steel-enforced soapbox in Wilmington, North Carolina, and said this through a smirk about his Democratic opponent, Hillary Clinton:

"Hillary wants to abolish the Second Amendment. By the way, and if she gets to pick her judges, nothing you can do, folks. But the Second Amendment people … maybe there is, I don't know."

This was Trump at his absolute worst, which makes it as bad as it gets, or anyone can be, with his veiled suggestion that his supporters exercise their gun rights to stop Clinton from abolishing the Second Amendment.

Like so many toxic statements Trump made on his campaign trail of fears that year, it should have ended his candidacy on the spot. No presidential candidate in the history of our country had openly hinted at a call to arms against an opponent. And for the record, Clinton never once said she wanted to incinerate the Second Amendment.

Many Republicans called it simply a “joke gone bad” at the time because they had all heard those horrible words and the context in which he delivered them. Trump later denied he was advocating an assassination attempt, and instead was simply trying to coalesce a political movement.

I know how I felt when I heard his disgusting comments, and have no doubt what the odious Trump was implying with his sick “joke.”

Just four years later, Trump left no doubt about his violent intentions when he tried to overturn an election by instigating the worst attack on our Capitol since the War of 1812. Law enforcement officers were beaten with American and rebel flags. His vice president was threatened with hanging, and his thugs whom he later told us that he “loved” roamed the halls hunting down Speaker Nancy Pelosi, among others.

I remind you of these terrible things, because much of our broken-down legacy media refuses to in the wake of the murder of right-wing provocateur Charlie Kirk.

I remind you of this, because any reporting that doesn’t mention Trump as the root cause of the Republican hate speech and political violence across this country, isn’t worth the screen it is printed on.

I remind you of this because any reporting that doesn’t mention Kirk’s overt racism and misogyny as the catalyst for his popularity on the right is fooling itself, but worse, trying to fool you.

This is incredibly dangerous, because by treating the death of Kirk as some “political assassination” instead of yet another preventable gun death among tens of thousands in this country, our media is providing fuel to a fire that Republicans would like to burn to the point of out of control.

As I wrote on Friday:

I am not celebrating Kirk’s death, but I am lamenting the demise of truth in this country.

So here is the truth:

Trump is a hardcore racist, and Kirk was one too. I could fill 14 columns using only their racist words to buttress this fact.

He was not as New York Times columnist Ezra Klein typed Thursday, presumably with a blindfold on: “Practicing politics the right way.”

Klein’s column defied belief, because up until the moment he wrote those idiotic, dangerous words, I had a fair amount of respect for a guy who generally takes a reasoned approach to these unreasonable times we live in.

Here’s the column. I’ll guess it’s paywalled, but assure you it’s not worth a dime or a single minute of your time. Klein was slammed by NYT readers in the comments section, before they had to close the one-way discourse down. I’ll hope he read them. If he’s not embarrassed, and rethinking his shoddy, tone-deaf take on Kirk’s killing, he’s not human. Worse, he’s never to be trusted again, which would be a damn shame, because he generally is a voice of reason, whether you agree with him not.

I am not here to exclusively batter Klein, but I am saying he is one of the leaders of the chorus in our broken media, whose mishandling of the Republican attack on our Democracy has helped lead us to this terrible place.

The man who violently attacked our country, now has troops in our streets.

The man who tried to overturn our 2020 election, is now relentlessly attacking our election process.

The man who lied on the camping trail that “I have nothing to do with Project 2025,” is now implementing it almost to the letter in an effort to make sure we never recognize our government or our country ever again.

I have not seen ONE story in our legacy media calling him a fascist, even if he is the definition of one.

The same way I did not hear anybody in our legacy media call him a liar when in fact, he told a documented 30,573 lies or mistruths during his first, disastrous term.

The same way, I am not seeing the legacy media calling him a racist even now …

I want to remind you of something else I typed on Thursday, that is keeping me up at night:

DO NOT LET THE CORPORATE MEDIA FRAME THIS MOMENT.

As a lifetime journalist, that isn’t easy to type, but I was taught to report the truth, and that accuracy breeds credibility.

Without truth, accuracy, or credibility you are finished in the news business.

We all must gravitate toward the truth-tellers in our society right now, and become truth-tellers ourselves, if we are going to survive this rightwing onslaught on our Democracy.