When the “Public Interest” Violates the First Amendment: Jimmy Kimmel and FCC Chair Brendan Carr

Authors

• Joel Timmer, Texas Christian University

Keywords

First Amendment, FCC, Jimmy Kimmel, Brendan Carr

Abstract

Following the assassination of conservative political activist Charlie Kirk, comments made by late-night ABC host Jimmy Kimmel sparked controversy after some interpreted his remarks as implying conservative responsibility for the crime. The backlash intensified when Federal Communications Commission Chair Brendan Carr publicly suggested that Kimmel’s statements were misleading and potentially inconsistent with FCC policy, warning that broadcast stations airing the program should address the matter or risk regulatory consequences, including fines or license revocation. Shortly thereafter, major broadcast groups suspended the program, followed by ABC’s temporary suspension of the show. These events raised serious concerns about whether the FCC Chair’s remarks amounted to unconstitutional government coercion aimed at suppressing protected speech based on viewpoint. This Article analyzes whether Carr’s comments constituted unconstitutional government coercion in violation of broadcasters’ First Amendment rights. In doing so, the Article examines how the lack of a formal definition for the “public interest standard” that guides FCC broadcast regulation seemingly provides FCC officials with the ability to more effectively target speech they disfavor. The Article concludes that Carr’s comments exhibit many of the attributes courts have held to constitute unconstitutional government coercion.

Recommended Citation

Joel Timmer, When the “Public Interest” Violates the First Amendment: Jimmy Kimmel and FCC Chair Brendan Carr, 36 Fordham Intell. Prop. Media & Ent. L.J. 540 ().
Available at: https://ir.lawnet.fordham.edu/iplj/vol36/iss3/2