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The indefinite suspension of Jimmy Kimmel’s TV show amid pressure from the FCC is prompting libertarian-leaning Republicans to consider redrawing their boundaries when it comes to limiting speech.
Disney, the parent company of ABC, removed the late-night comedian from its airwaves after a conservative outcry over Kimmel’s remarks about Charlie Kirk’s assassin culminated in public pressure from FCC Chair Brendan Carr.
Carr hinted at further actions against media companies on Thursday, telling CNBC that “we’re not done yet” as President Donald Trump urged NBC to take similar action against two other late-night comedians who have criticized him. That’s complicated things in Washington for a GOP that built itself up to be a champion and protector of free speech.
In fact, some Republicans who consider themselves defenders of unfettered speech are getting more comfortable with limiting it. Sen. Cynthia Lummis, R-Wyo., told Semafor that “an FCC license, it’s not a right. It really is a privilege.”
“Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right. And that there should be almost no checks and balances on it. I don’t feel that way anymore,” Lummis added.
“I feel like something’s changed culturally. And I think that there needs to be some cognizance that things have changed,” she added. “We just can’t let people call each other those kinds of insane things and then be surprised when politicians get shot and the death threats they are receiving and then trying to get extra money for security.”
Sen. Kevin Cramer, R-N.D., said he’d “suppose” Carr could have kept quiet and let pressure build naturally but had no problem with the chair’s comments.
“I didn’t think it was that scary. I think Jimmy Kimmel made it pretty easy for the company,” said Cramer, who often says he’s not easily offended. Carr’s comments, he argued, “were so veiled.”
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It’s been a challenging week for Republicans who are mourning Kirk while digesting Trump’s vows to pursue a wide-ranging crackdown on left-leaning political activity and speech. Some prominent members of the party are defending the rights of Americans to speak freely as long as it doesn’t cross the line into inciting violence, a position that Kirk himself took in the past.
Sen. Rand Paul, R-Ky., who cosponsored legislation with Lummis this year that would prohibit the government from ordering social media companies to constrain speech on their platforms, is in a unique position. Paul is one of few Republicans openly willing to criticize the Trump administration, but he also suffered a violent assault in 2017 that he has said affects his stance on public speech.
“You can lose your job over things you say, and that’s not an infringement on speech unless the government did it,” Paul told Semafor when asked about Carr’s comments. “Now, the government commenting about it? I don’t think that’s the same as the government making an edict saying they should fire somebody.”
While Carr never directly told Disney to fire Kimmel, he suggested punishment would be in the offing if the network didn’t act, saying: “We can do this the easy way or the hard way.”
Kimmel said on his show Monday night 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.”
Paul said he wanted to review Carr’s remarks more closely, adding that he is more supportive of public shaming to drive a result than “things like using government to go after people.”
“I’m not for that. I’m not for laws on hate speech. I don’t want to give the impression, though, that I’m not … mourning the loss of Charlie Kirk. And I can tell you that if I knew somebody who made light of it, I would shun them. I wouldn’t speak to them,” Paul added.
“But it isn’t a governmental problem; then you have a First Amendment issue.”
Room for Disagreement
Rep. Tim Burchett, R-Tenn., contended that Kimmel’s dismissal was not due to his comments about Kirk’s killer, but mostly because “his ratings were in the dumps.”
“People are casting their dollar votes. It’s a decision made by the networks, not a congressional thing or even a presidential thing,” Burchett said.
Notable
- Former Vice President Mike Pence said Thursday that while Kimmel’s “crass and thoughtless” remarks were not covered by the First Amendment in his view, “I would have preferred that the chairman of the FCC had not weighed in.”
Eleanor Mueller and Elana Schor contributed.