But is it? Chairman Brendan Carr’s statement about how Jimmy Kimmel’s remarks could hurt ABC affiliate stations.
The First Amendment limits government officials from infringing one’s right to free speech and expression.
Neither Cooper’s employer nor Barr’s employer faced any government pressure to terminate them.
“We can do this the easy way or the hard way,” Carr said.
But the Supreme Court has been crystal clear. Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.
A threat to revoke broadcast licenses would almost certainly be seen in a court of law as a government action tantamount to coercion. And Carr’s public comments undoubtedly connect that threat to Kimmel’s disfavored comments.
But the network seemingly caved to the coercive threat instead of fighting for Kimmel. This is why so many are decrying the Kimmel suspension as an attack on free speech and the First Amendment – even though they might not fully understand the law they’re citing.