California Atty. Gen. Rob Bonta on Monday accused Federal Communications Commission Chairman Brendan Carr of unlawfully intimidating television broadcasters into toeing a conservative line in favor of President Trump, and urged him to reverse course.
In a letter to Carr, Bonta specifically cited ABC’s decision to pull “Jimmy Kimmel Live!” off the air after Kimmel made comments about the killing of close Trump ally Charlie Kirk, and Carr demanded ABC’s parent company Disney “take action” against the late-night host.
Bonta wrote that California “is home to a great many artists, entertainers, and other individuals who every day exercise their right to free speech and free expression,” and that Carr’s demands of Disney threatened their 1st Amendment rights.
“As the Supreme Court held over sixty years ago and unanimously reaffirmed just last year, ‘the First Amendment prohibits government officials from relying on the threat of invoking legal sanctions and other means of coercion to achieve the suppression of disfavored speech,’” Bonta wrote.
Carr and Trump have both denied playing a role in Kimmel’s suspension, alleging instead that it was due to his show having poor ratings.
After Disney announced Monday that Kimmel’s show would be returning to ABC, Bonta said he was “pleased to hear ABC is reversing course on its capitulation to the FCC’s unlawful threats,” but that his “concerns stand.”
He rejected Trump and Carr’s denials of involvement, and accused the administration of “waging a dangerous attack on those who dare to speak out against it.”
“Censoring and silencing critics because you don’t like what they say — be it a comedian, a lawyer, or a peaceful protester — is fundamentally un-American,” while such censorship by the U.S. government is “absolutely chilling,” Bonta said.
Bonta called on Carr to “stop his campaign of censorship” and commit to defending the right to free speech in the U.S., which he said would require “an express disavowal” of his previous threats and “an unambiguous pledge” that he will not use the FCC “to retaliate against private parties” for speech he disagrees with moving forward.
“News outlets have reported today that ABC will be returning Mr. Kimmel’s show to its broadcast tomorrow night. While it is heartening to see the exercise of free speech ultimately prevail, this does not erase your threats and the resultant suppression of free speech from this past week or the prospect that your threats will chill free speech in the future,” Bonta wrote.
After Kirk’s killing, Kimmel said during a monologue that the U.S. had “hit some new lows over the weekend, with the MAGA gang 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.”
Carr responded on a conservative podcast, saying, “These companies can find ways to change conduct, to take action, frankly, on Kimmel, or, you know, there’s going to be additional work for the FCC ahead.”
Two major owners of ABC affiliates dropped the show, after which ABC said it would be “preempted indefinitely.”
Both Kirk’s killing and Kimmel’s suspension — which followed the cancellation of “The Late Show With Stephen Colbert” by CBS — kicked off a tense debate about freedom of speech in the U.S. Both Kimmel and Colbert are critics of Trump, while Kirk was an ardent supporter.
Constitutional scholars and other 1st amendment advocates said the administration and Carr have clearly been exerting inappropriate pressure on media companies.
Erwin Chemerinsky, dean of the UC Berkeley Law School, said Carr’s actions were part of a broad assault on free speech by the administration, which “is showing a stunning ignorance and disregard of the 1st amendment.”
Summer Lopez, the interim co-chief executive of PEN America, said this is “a dangerous moment for free speech” in the U.S. because of a host of Trump administration actions that are “pretty clear violations of the 1st Amendment” — including Carr’s threats but also statements about “hate speech” by Atty. Gen. Pam Bondi and new Pentagon restrictions on journalists reporting on the U.S. military.
She said Kimmel’s return to ABC showed that “public outrage does make a difference,” but that “it’s important that we generate that level of public outrage when the targeting is of people who don’t have that same prominence.”
Carr has also drawn criticism from conservative corners, including from Sen. Ted Cruz (R-Texas) — who is chairman of the Senate Commerce Committee, which oversees the FCC. He recently said on his podcast that he found it “unbelievably dangerous for government to put itself in the position of saying we’re going to decide what speech we like and what we don’t, and we’re going to threaten to take you off air if we don’t like what you’re saying.”
Cruz said he works closely with Carr, whom he likes, but that what Carr said was “dangerous as hell” and could be used down the line “to silence every conservative in America.”
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