PHOENIX — In light of late-night show host Jimmy Kimmel’s indefinite suspension for insensitive comments regarding the late Charlie Kirk, much public debate has risen on free speech and what should and shouldn’t be policed.
Arizona Supreme Court Justice Clint Bolick joined KTAR News 92.3 FM’s The Mike Broomhead Show on Friday to discuss speech regulation, and even referenced Kirk’s stance.
“I think Charlie Kirk himself had said it best. There is no such thing as legal hate speech that can be regulated or curtailed,” Bolick said. “It is speech, and all speech is protected. It’s only in the last couple of weeks that I’ve really seen anyone take on that subject, and it’s very discouraging.”
On ABC’s “Jimmy Kimmel Live!” on Monday night, Kimmel had made the accusation that “many in MAGA land are working very hard to capitalize on the murder of Charlie Kirk,” and ABC announced Kimmel’s suspension from the program on Wednesday.
Bolick, who was appointed the Arizona Supreme Court in 2016, also teaches at Arizona State University’s Sandra Day O’Connor College of Law and was scrutinized himself over comments he made in October 2024 by education advocacy group, Arizona Save Our Schools. The group filed a formal complaint that accused Bolick of not upholding impartial values after he pledged to fight for “conservative principles” while campaigning for reelection.
While speech that incites violence deserves greater scrutiny under law, Bolick said “the reaction that people get from speech is the very reason why it has to be protected.”
And with the Kimmel suspension, questions have also surfaced about the power of the Federal Communications Commission and its chair Brendan Carr, who stepped into the role in January.
“The moment that the government puts its fingers on the scale and coerces speech, that is clearly improper,” Bolick said.
The Supreme Court justice referenced recent examples of speech scrutiny by conservatives and liberals alike, boiling it down to the fact that “misinformation is in the eye of the beholder.” Whether it was Facebook cleansing during the Biden administration or Kimmel in the second Trump term, Bolick said media companies will not fight back “because they have too much on the line.”
One of most critical protections of the First Amendment is the U.S. government’s separation of powers, especially the exertion of authority between the legislative and executive branches, according to Bolick.
That is why Bolick said it’s important that Americans as individuals know the answer to this question: What really is freedom of speech?
“We either have universal free speech rights that apply to all of us, or we do not have free speech rights at all,” Bolick said.
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