BAKERSFIELD, Calif. (KERO) — In the aftermath of Charlie Kirk’s assassination, debate is intensifying over political rhetoric, media responsibility and the limits of free speech.
ABC announced late last week that Jimmy Kimmel Live! will return to air after the network briefly suspended production following remarks the host made about Kirk’s death.
“Last Wednesday, we made the decision to suspend production on the show to avoid further inflaming a tense situation at an emotional moment for our country,” ABC said in a statement. “It is a decision we made because we felt some of the comments were ill-timed and thus insensitive.”
During his monologue, Kimmel suggested that President Donald Trump’s supporters were trying to “score political points” and claimed the accused shooter was “one of them.” The comments drew widespread backlash, including a warning from the chairman of the Federal Communications Commission (FCC) that the agency might review the broadcast.
Civil liberties groups including the ACLU criticized Kimmel’s removal as a threat to the First Amendment. But Criminal Defense Attorney Clayton Campbell explains in this case it was private companies that pulled the show.
“The First Amendment does protect you from the government coming in and saying you’re not allowed to say this thing or threatening the platform,” said Campbell. “It’s important for people to recognize that the First Amendment doesn’t protect you from private individuals. It protects you from the government, and only from the government.”
Campbell noted that while private networks may cancel or suspend shows, government pressure on broadcasters could amount to a constitutional violation.
Civil rights attorney Oliver Ma argued that such pressure was evident in this case.
“ABC pulled the Kimmel show after pressure from the Trump administration, after calls from his officials,” Ma said. “That is where we get into First Amendment territory. The government can’t go behind the scenes and push a channel to act the way we’ve seen happen.”
ABC said in its statement that “thoughtful conversations” with Kimmel led to the decision to bring the show back on Tuesday.
Still, legal experts note the question remains unresolved: while the First Amendment protects individuals from government restrictions on speech, broadcast networks must also comply with FCC rules, some of which date back nearly a century.
ABC’s decision to end Kimmel’s suspension does not necessarily guarantee the show will return in all markets.
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