The First Amendment of the U.S. Constitution has been regarded as the most important amendment as part of the Bill of Rights because it helps pave the way for democracy to function. The five components of the amendment give Americans the freedoms to free speech, press, assembly, religion and petition. For more than 200 years since the constitution was written and ratified in 1787, Americans have used these components as part of their freedom of expression, something they did not have, say while being colonized by Britain.
However, there has been recent debate that the government could be infringing upon the rights Americans have in the First Amendment.
One of the biggest debates is over the suspension and eventual reinstatement of ABC’s late-night talk show, “Jimmy Kimmel Live.” Since 2003, Kimmel has been one of America’s most notable late-night hosts along with people such as Stephen Colbert, Jimmy Fallon and Jon Stewart. Kimmel has been known for cracking jokes during monologues about various current events that occur in the U.S. and around the world, while also being willing to discuss and share his opinion about serious issues.
On Sept. 10, after the shooting and death of Republican activist Charlie Kirk, Kimmel in an Instagram post called for nationwide unity citing that violence is not the answer and how despicable it is for someone to shoot another while also sending prayers to Kirk’s family and everyone else who has been victims of gun violence in this country. Then on Sept 15. Kimmel said in the opening monologue of his show, “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.”
Following this, FCC Chair Brendan Carr, on a podcast with conservative influencer Benny Johnson said, “These companies can find ways to change conduct to take action on Kimmel or, you know, there’s going to be additional work for the FCC ahead.”
Nexstar and Sinclair Broadcasting Group, which between them own multiple ABC affiliates, then refused to air “Jimmy Kimmel Live!” which ultimately led to the Walt Disney Co. suspending “indefinitely” “Jimmy Kimmel Live!”
Outrage came from both political parties, and Disney was hit with boycotts from unhappy consumers, with many cancelling their streaming service subscriptions.
Both Connecticut U.S. Senators Richard Blumenthal and Chris Murphy expressed frustration over the suspension. Blumenthal, in an Associated Press interview, said, “Ultimately we will be the losers. Satire, humor, comedy are the stuff of political expression. Not just entertainment. And this kind of heavy-handed, ham-handed censorship is going to be a whirlwind that will come back to haunt the chairman of the FCC and others.”
Murphy introduced a Senate version of a bill known as the No Political Enemies (NOPE) Act with Sen. Chris Van Hollen (D-Md.) to prevent presidents from punishing or disparaging anyone based on the civil liberties granted by the First Amendment. The law would also prevent government agencies from using their power to silence anyone, holding those who do so accountable and aiding those who are targeted by censorship.
At a press conference, Murphy said, “That’s censorship, that’s state-speech control, that’s not America. Trump is making it 100% clear that he is going to ramp up his efforts to use the power of the federal government to harass and punish his critics because they have the audacity to oppose his policies.”
Republicans also expressed displeasure and caution over the suspension. U.S. Senator Rand Paul of Kentucky who leans Libertarian discussed how he believes that the government shouldn’t get involved in firings or censorship, but that it’s up to the employers and companies themselves. “But it isn’t a governmental problem; then you have a First Amendment issue” he said.
U.S. Senator Ted Cruz of Texas, while being supportive of Kimmel being taken off the air, still did not believe in the government intervening in the situation.
“For government to put itself in the position of saying, ‘We’re gonna decide what speech we like and what we don’t, and we’re gonna take you off the air if we don’t like what you’re saying,’ that sets a dangerous precedent and should be denounced,” Cruz said.
After a brief suspension, Disney and ABC announced Kimmel’s suspension was lifted and production could resume. Kimmel returned the next day with an emotional monologue. Kimmel also thanked those who spoke up in support of him including some Republicans.
“Even though I don’t agree with many of those people on most subjects, some of the things they say even make me wanna throw up, it takes courage for them to speak out against this administration, and they did, and they deserve credit for it,” said Kimmel. “And thanks for telling their followers that our government cannot be allowed to control what we do and do not say on television, and that we have to stand up to it.”
Kimmel also would make it clear that his comments about Kirk’s assassination were not meant to be making fun of it and also doubled down on the shooter and political violence. Kimmel pleaded for attempts to limit the First Amendment to stop.
“Let’s stop letting these politicians tell us what they want and tell them what we want,” he said.
Despite the nationwide reinstatement, both Sinclair and Nexstar refused to air Jimmy Kimmel Live! While Sinclair does not own any stations within Connecticut, Nexstar owns WTNH News 8, in New Haven. A demonstration was held on Thursday outside their headquarters on Elm Street. Conn. Gov. Ned Lamont also advocated for Nexstar to reinstate the program on their channels. “I want WTNH to get him back on the air. I think that’s good in the interest free speech in Connecticut” he said.
Sinclair and Nexstar have since opted to air Jimmy Kimmel Live! Nexstar is also trying to acquire fellow broadcasting company Tegna for over $6 billion which would expand their influence on television broadcasting and affiliates nationwide. If Nexstar’s acquisition of Tegna is approved by the FCC, both Nexstar and Sinclair would own a combined 76 out of 205 ABC affiliates which would be 37.07% of all affiliates ABC has in the country. The FCC has been open to changing a rule which limits the amount of households a broadcasting company can reach which would enable the proposed merger.
