The Big Story Jimmy Kimmel is back, but free speech remains in limbo
Sep 24, 2025
In this captivating discussion, law professor Eugene Volokh, an expert in First Amendment law, dives into the implications of Jimmy Kimmel’s recent suspension from television. He explores whether this reflects a troubling trend towards government censorship and highlights instances of coercion during the Trump administration. Volokh clarifies that there’s no inherent exception for hate speech in U.S. law and questions why corporations often bow to government pressure. With Kimmel's return, he believes it signals a potential deterrent against future censorship.
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Government Pressure Can Be Unconstitutional
- Government officials threatening private companies to silence speech likely violates the First Amendment.
- Eugene Volokh compares FCC pressure on ABC to past coercion found unconstitutional in NRA v. Cuomo.
Coercion Against Speech Breaks Constitutional Lines
- Attempting to coerce networks to remove protected speech is unconstitutional even if successful.
- Volokh stresses the same rule applies regardless of whether the government leans left or right.
History Of Regulatory Pressure On Broadcasters
- Volokh recounts historical precedent of administrations using broadcasting regulation to pressure networks.
- He notes Nixon, Kennedy, Johnson and even FDR used regulatory levers to influence speech.