Why Jimmy Kimmel's First Amendment rights weren't violated - but ABC's would be protected if it stood up to the FCC and Trump

"There were the respectful and sincere comments condemning the killing. Former President Barack Obama said, "What happened was a tragedy and...I mourn for him and his family." And former Vice President Mike Pence said, "I'm heartsick about what happened to him.""

"But Kirk's killing also elicited what many saw as inappropriate comments. MSNBC terminated commentator Matthew Dowd after he said, "Hateful thoughts lead to hateful words, which then lead to hateful actions." American Airlines grounded pilots accused of celebrating Kirk's death. Perhaps the most notable reaction to remarks seen as controversial about the Kirk killing hit ABC comedian Jimmy Kimmel. His network suspended him indefinitely after comments that he made about the alleged shooter in Kirk's death."

"Countless defenders of Kimmel quickly responded to his indefinite suspension as an attack on the First Amendment. MSNBC host Chris Hayes posted the following on X: "This is the most straightforward attack on free speech from state actors I've ever seen in my life and it's not even close.""

"The First Amendment limits government officials from infringing one's right to free speech and expression. For example, the government cannot force someone to recite the Pledge of Allegiance or salute the American flag, because the First Amendment, as one Supreme Court justice wrote, "includes both the right to speak freely and the right to refrain from speaking at all." And government cannot limit speech that it finds disagreeable while permitting other speech that it favors. However, the First Amendment does not apply to private employers. With the exception of the 13th Amendment, which generally prohibits slavery, the Constitution applies only to government and those acting on its behalf. So, as a general rule, employers are free"

An assassination prompted both solemn condemnations and controversial reactions from public figures and media personalities. Public officials expressed mourning while some commentators and airline employees faced consequences for remarks or alleged celebrations. A late-night comedian received an indefinite suspension that many supporters framed as a free-speech issue. Legal principles distinguish government censorship from private employer discipline: the First Amendment prevents government suppression of speech but does not bind private companies. The Constitution generally governs government actors, with limited exceptions such as the 13th Amendment, so private employers typically retain authority to discipline employees for speech.

Read at Nieman Lab