FCC Commissioner Anna M. Gomez Condemns ABC’s Decision To Suspend Jimmy Kimmel Live

FCC Commissioner Anna M. Gomez condemned ABC’s decision to suspend Jimmy Kimmel Live! and warned that political pressure on broadcasters threatens First Amendment protections, arguing the FCC “does not have the authority, the ability, or the constitutional right to police content or punish broadcasters for speech the government dislikes.” Gomez said corporate “capitulation” to government threats endangers free expression for everyone.

In her statement, Gomez criticized what she called “a shameful show of cowardly corporate capitulation by ABC that has put the foundation of the First Amendment in danger,” and stressed that any attempt to yank broadcast licenses — held by local stations, not national networks — would “run headlong into the First Amendment and fail in court.” She added that even floating license revocation creates “an existential risk” for broadcasters.

ABC suspended the late-night program after Kimmel’s on-air remarks about reactions to the killing of conservative activist Charlie Kirk drew backlash from some affiliates, including Nexstar and Sinclair. The move followed public warnings from FCC Chair Brendan Carr that affiliates and ABC’s parent Disney could face regulatory consequences — pressure that critics described as unprecedented.

Former President Donald Trump praised ABC’s action and suggested other networks should sideline additional late-night hosts. ABC has not said how long the suspension will last.

Gomez’s comments align with long-standing FCC guidance that the agency is barred from censoring broadcast content and has limited authority over program material. Licenses are issued to local stations and renewed through a public-interest process; the FCC does not revoke licenses because government officials dislike particular viewpoints or coverage.

House Democratic leaders called for Carr’s resignation, and lawmakers discussed bringing him before the House Oversight Committee; a motion to subpoena him was tabled as members indicated he could appear voluntarily. Free-speech and entertainment groups also criticized the pressure campaign and ABC’s response.

Kimmel’s suspension comes amid broader tensions between the administration and media outlets, with critics warning of a chilling effect on satire and political commentary. Industry press and major outlets reported sharp, polarized reaction across Hollywood and Washington throughout the day.

In a statemnet, Foundation for Individual Rights and Expression (FIRE) said “The FCC has no authority to control what a late night TV host can say, and the First Amendment protects Americans’ right to speculate on current events even if those speculations later turn out to be incorrect. Subjecting broadcasters to regulatory liability when anyone on their network gets something wrong would turn the FCC into an arbiter of truth and cast an intolerable chill over the airwaves.”

Editor’s note: The FCC’s public guidance reiterates that it cannot act as a content police; license reviews focus on statutory “public interest” obligations, not viewpoint.

This story will be updated as additional statements and scheduling details from ABC and affiliates are released.

The free speech amendment is the First Amendment to the United States Constitution, which states, “Congress shall make no law… abridging the freedom of speech”. This amendment protects individuals’ rights to express themselves without government interference, though this right is not absolute and has established exceptions like threats, incitement, and defamation. The First Amendment also protects freedom of the press, religion, the right to assemble, and the right to petition the government.

Key Aspects of the First Amendment

• Protection for Expressive Conduct: The term “speech” is broadly interpreted to include not only spoken or written words but also symbolic actions like wearing armbands to protest.

• Government vs. Private Entities: The First Amendment restricts government action, not necessarily private entities like universities or private employers.

• “Hate Speech”: Generally, “hate speech” is protected by the First Amendment unless it crosses into the categories of unprotected speech, such as incitement to violence or true threats.

• Time, Place, and Manner Regulations: While speech is broadly protected, the government can regulate the “time, place, and manner” of speech to ensure it doesn’t disrupt public order or the functioning of institutions.

• Core Purpose: The amendment supports a free and open exchange of ideas, promoting informed debate and democratic self-government.

When Speech is Not Protected

The First Amendment’s protection is not limitless. Certain categories of speech can be restricted by the government because they are considered harmful:

• Incitement: Speech that is intended and likely to cause imminent lawless action.
• True Threats: A serious expression of intent to commit an act of unlawful violence against a person or group.
• Defamation: False statements that harm someone’s reputation.
• Obscenityand Fraud: Speech that is deemed obscene or used for fraudulent purposes.