Jimmy Kimmel Suspension Sparks First Amendment Concerns, Echoes of Supreme Court Case
WASHINGTON – The recent suspension of Jimmy Kimmel from hosting his ABC late-night show has ignited a debate among legal experts who argue the action may constitute illegal “jawboning” – government pressure on a media outlet to suppress speech. The suspension followed a joke Kimmel made about former President Donald Trump, prompting Trump to call for Kimmel’s removal and NBC to pull Kimmel’s appearances promoting his show.
The situation draws parallels to a Supreme Court case decided in June 2024,Murthy v. missouri, which examined weather the Biden administration improperly influenced social media companies’ content moderation decisions regarding COVID-19 misinformation. While the court found states lacked standing to sue due to insufficient evidence of a direct link between government outreach and content restriction,legal scholars suggest the Kimmel case presents a more direct connection.
“It’s as direct a line as you could dream up,” said Gautam Abdo, a lawyer specializing in First Amendment issues. “An FCC regulator threatening legal liability against a media company for Constitutionally-protected political speech.If the First amendment was meant to prevent censorship, this is the prime example of it.”
The Supreme Court in Murthy v. Missouri established that government influence must demonstrate a “concrete link” to speech suppression to violate the first Amendment. Experts believe the Trump campaign’s public demand for Kimmel’s removal, followed by ABC’s decision and NBC’s actions, could meet that threshold.
Jennifer Huddleston, of the Cato Institute, warned of a potential “chilling effect” on political commentary. “That is one of the greatest risks,” she said. ”it’s not only the impact on a specific situation, but what signal does that send to the broader discourse and to other networks watching?”
Following Kimmel’s suspension, Trump celebrated the outcome on his Truth Social platform, calling for the cancellation of The Tonight Show Starring Jimmy Fallon and Late Night with Seth Meyers. “Do it NBC!!!” he wrote.
While Kimmel may have a strong legal argument,experts note a court battle isn’t guaranteed,particularly if ABC is unlikely to reinstate him. Abdo cautioned that even without legal recourse, “the truth is Kimmel’s voice is silenced and the voice of others will likely be silenced.”
