Can the FCC Suspend Jimmy Kimmel? Legal Issues Behind the Show’s Controversy

In this episode of Passing Judgment, Jessica Levinson unpacks the legal issues behind Jimmy Kimmel’s temporary show suspension. She explains the distinction between private action by ABC and possible government coercion from the FCC or the President, outlining why the First Amendment generally protects speech from government—not private—actions. Jessica also discusses the limited circumstances under which the FCC could revoke broadcast licenses and what this case means for free speech and media organizations moving forward.

Here are three key takeaways you don't want to miss:

1. The Suspension and Return of Jimmy Kimmel’s Show

Jessica Levinson opens the episode by explaining the sequence of events around Jimmy Kimmel’s temporary suspension from ABC after a controversial comment in his monologue. She emphasizes that although he has now been returned to air, the legal issues discussed still remain relevant.

2. The Role and Limits of the First Amendment

A central theme is clarifying what the First Amendment protects. Jessica explains that the First Amendment limits government action against speech, not actions taken by private entities like ABC. If ABC alone had suspended Kimmel with no government involvement, it would not be a First Amendment issue.

3. Government Involvement and the FCC’s Role

The episode explores concerns about potential government overreach, specifically whether statements made by the FCC chair or the President could constitute government coercion. Jessica details how, if the government pressures a private company to take action against someone’s speech, First Amendment concerns are triggered.

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