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Censorship Industrial Complex

The FCC Should Let Jimmy Kimmel Be

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8 minute read

Reason.com - Free Minds and Free Markets

Earlier this week, comedian Jimmy Kimmel delivered his monologue, as he does at the beginning of every episode of his show, Jimmy Kimmel Live!. He focused on the reaction to the assassination of conservative media figure Charlie Kirk, and claimed that “the MAGA gang” was “desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them.”

In addition to not being very funny, the observation rested on a false assumption—that the presumed killer, 22-year-old Utah man Tyler Robinson, is a conservative. Incorrect notions about the suspect’s political tribe have remained enduringly popular in liberal media circles; one of the top mainstream liberal Substack writers, Heather Cox Richardson, wrote earlier this week that the motive of the alleged shooter “remains unclear.” This is simply not true: Interviews with Robinson’s friends and family members, as well as text messages between Robinson and his roommate—his transgender romantic partner—paint a clear portrait of a man who found Kirk’s conservative views “harmful.” It’s fine to leave room for new details that further elucidates or complicates this picture, but for now the totality of the available information suggests an essentially left-wing motivation.

While Kimmel is a comedian rather than a newscaster, given how paranoid the mainstream media is about the spread of so-called misinformation, the criticism of Kimmel on this subject was well-deserved. And I had been planning to criticize him in this newsletter all week.

Unfortunately, the story no longer ends there.

Brendan Carr, chair of Federal Communications Commission (FCC), weighed in on the matter; not only did he criticize what Kimmel had to say, he also implicitly threatened the broadcasters. (Kimmel’s show appears on ABC.)

“We can do this the easy way or the hard way,” said Carr during an appearance on conservative influencer Benny Johnson’s podcast. “These companies can find ways to change conduct, to take action, frankly on Kimmel, or there’s going to be additional work for the FCC.”

This was not an idle threat. The FCC licenses broadcast channels, and can fine them or even take them off the air. Moreover, the FCC oversees mergers of companies in the communications space. Nexstar Media, which owns many of the ABC local affiliate stations that air Kimmel, is attempting to acquire Tegna Inc., a rival firm; the FCC needs to okay the deal. There’s a lot at stake, and FCC can make life very difficult for companies that defy it.

And so, on Wednesday night, both Nexstar and Sinclair Broadcast Group—another major telecommunications company—informed ABC that they would not air Kimmel on their affiliate stations. ABC then opted to place the show on indefinite hiatus. (Disclaimer: Nexstar owns Rising, the news show I host for The Hill.)

This is outrageous. Not because Kimmel is gone: Private companies have the right to determine their programming as they see fit, and a washed-up comedian telling lame jokes about a subject he is clearly misinformed on—for a declining number of viewers, as part of a media format that is antiquated and perpetually losing money—is not a recipe for riveting television. Letting Kimmel and the rest of the late night crowd go instinct is perfectly fine. It’s a business decision.

But it shouldn’t be a government decision. By inserting itself into the controversy and appearing to twist the arms of private companies so that they would make editorial decisions that please the Trump administration, the FCC is clearly engaged in a kind of censorship.

As Glenn Greenwald put it, “This shouldn’t be a complicated or difficult dichotomy to understand. Jimmy Kimmel is repulsive, but the state has no role in threatening companies to fire on-air voices it dislikes or who the state believes is spreading “disinformation,” which is exactly what happened here.”

Boneheaded

Moreover, the Trump administrations actions are functionally equivalent to the Biden administration’s attacks on private social media companies, which caused numerous free speech infringements during the COVID-19 pandemic. I explored this subject in great detail in my March 2023 cover story for Reason, “How the CDC Became the Speech Police,” which explored federal officials efforts to coerce Facebook, Google, and X into taking down content. In that article, I reported that social media companies routinely felt compelled to compromise their explicit terms of service as well as their stated commitments to free speech in order to appease both the CDC and the White House itself. I pointed out that threats by President Biden—who accused Facebook of “killing people” when it declined to censor anti-vaccine content—as well as his comms staffers were likely motivating factors behind a whole host of regrettable moderation decisions.

When government employees use the threat of regulation, fines, and other forms of punishment to induce private companies into self-censorship, it’s known as jawboning. Whether the practice violates the First Amendment—which constrains the government’s ability to restrict speech—is not an entirely settled matter. In Murthy v. Missouri, the Supreme Court declined to rule that the Biden administration had violated the First Amendment rights of social media users; the majority decision, however, had to do with standing, and did not actually address the arguments of the plaintiffs. Many free speech scholars rightly believe that the First Amendment rights of private media companies and their users will not be protected until and unless the Court makes clear that this sort of behavior from federal bureaucrats—jawboning—is wrong.

Ironically, FCC chair Carr has strongly denounced jawboning in the past, and in general been a strong supporter of First Amendment rights. He frequently called out the Biden administration for engaging in this very practice.

There is simply no way to square this circle: If it’s wrong for the Biden administration to pressure social media companies to serve the public interest—as defined by Biden—and censor fraught content, then it is wrong for the Trump administration to pressure broadcasters to enforce a Trump-defined public interest.

Shortly after taking office, President Trump issued a praiseworthy executive order on “Restoring Freedom of Speech and Ending Federal Censorship.” The FCC’s present actions are thwarting this very noble work.

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Censorship Industrial Complex

Decision expected soon in case that challenges Alberta’s “safe spaces” law

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Alberta Court of Appeal will soon release its decision in a case challenging whether speaking events can be censored on the basis of potential “psychological harm” to an audience, infringing Charter-protected freedoms of expression (section 2(b) and peaceful assembly (section 2(c).

This case stems from the University of Lethbridge’s January 30, 2023, decision to cancel a speaking event featuring Dr. Frances Widdowson, who has frequently challenged established narratives on Indigenous matters.

In written argument filed in 2024 the University claimed it cancelled the event, in part, because it had obligations under Alberta’s Occupational Health and Safety Act to ensure a workplace free of “harassment” and free of hazards to “psychological and social wellbeing.”

Lawyers argue that these provisions (which might be described as a “safe spaces” law) compel employers to censor lawful expression under threat of fines or imprisonment.

Constitutional lawyer Glenn Blackett said, “Safe spaces provisions are a serious threat to Charter freedoms. Employers who don’t censor ‘unsafe’ speech are liable to be fined or even jailed. This isn’t just the government censoring speech, it is the government requiring citizens to censor one another.”

Given the University’s defence, lawyers asked the Court of King’s Bench of Alberta to allow an amendment to the lawsuit to challenge the constitutionality of the “safe spaces” laws. However, the Court denied the request. According to the Court’s apparent reasoning because the safe spaces law is worded vaguely and generally, it is immune from constitutional challenge.

Mr. Blackett says, “I think the Court got things backwards. If legislation infringes Charter rights in a vague or general way, infringements become impossible to justify – they don’t become Constitution-proof.”

Widdowson and co-litigant Jonah Pickle appealed the ruling to the Alberta Court of Appeal, which heard argument on Monday. A decision from the Court of Appeal is expected soon.

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Banks

Debanking Is Real, And It’s Coming For You

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From the Frontier Centre for Public Policy

By Marco Navarro-Genie

Marco Navarro-Genie warns that debanking is turning into Ottawa’s weapon of choice to silence dissent, and only the provinces can step in to protect Canadians.

Disagree with the establishment and you risk losing your bank account

What looked like a narrow, post-convoy overreach has morphed into something much broader—and far more disturbing. Debanking isn’t a policy misfire. It’s turning into a systemic method of silencing dissent—not just in Canada, but across the Western world.

Across Canada, the U.S. and the U.K., people are being cut off from basic financial services not because they’ve broken any laws, but because they hold views or support causes the establishment disfavors. When I contacted Eva Chipiuk after RBC quietly shut down her account, she confirmed what others had only whispered: this is happening to a lot of people.

This abusive form of financial blacklisting is deep, deliberate and dangerous. In the U.K., Nigel Farage, leader of Reform UK and no stranger to controversy, was debanked under the fig leaf of financial justification. Internal memos later revealed the real reason: he was deemed a reputational risk. Cue the backlash, and by 2025, the bank was forced into a settlement complete with an apology and compensation. But the message had already been sent.

That message didn’t stay confined to Britain. And let’s not pretend it’s just private institutions playing favourites. Even in Alberta—where one might hope for a little more institutional backbone—Tamara Lich was denied an appointment to open an account at ATB Financial. That’s Alberta’s own Crown bank. If you think provincial ownership protects citizens from political interference, think again.

Fortunately, not every institution has lost its nerve. Bow Valley Credit Union, a smaller but principled operation, has taken a clear stance: it won’t debank Albertans over their political views or affiliations. In an era of bureaucratic cowardice, Bow Valley is acting like a credit union should: protective of its members and refreshingly unapologetic about it.

South of the border, things are shifting. On Aug. 7, 2025, U.S. President Donald Trump signed an executive order titled “Guaranteeing Fair Banking for All Americans.” The order prohibits financial institutions from denying service based on political affiliation, religion or other lawful activity. It also instructs U.S. regulators to scrap the squishy concept of “reputational risk”—the bureaucratic smoke screen used to justify debanking—and mandates a review of past decisions. Cases involving ideological bias must now be referred to the Department of Justice.

This isn’t just paperwork. It’s a blunt declaration: access to banking is a civil right. From now on, in the U.S., politically motivated debanking comes with consequences.

Of course, it’s not perfect. Critics were quick to notice that the order conveniently omits platforms like PayPal and other payment processors—companies that have been quietly normalizing debanking for over a decade. These are the folks who love vague “acceptable use” policies and ideological red lines that shift with the political winds. Their absence from the order raises more than a few eyebrows.

And the same goes for another set of financial gatekeepers hiding in plain sight. Credit card networks like Visa, American Express and Mastercard have become powerful, unaccountable referees, denying service to individuals and organizations labelled “controversial” for reasons that often boil down to politics.

If these players aren’t explicitly reined in, banks might play by the new rules while the rest of the financial ecosystem keeps enforcing ideological conformity by other means.

If access to money is a civil right, then that right must be protected across the entire payments system—not just at your local branch.

While the U.S. is attempting to shield its citizens from ideological discrimination, there is a noticeable silence in Canada. Not a word of concern from the government benches—or the opposition. The political class is united, apparently, in its indifference.

If Ottawa won’t act, provinces must. That makes things especially urgent for Alberta and Saskatchewan. These are the provinces where dissent from Ottawa’s policies is most common—and where citizens are most likely to face politically motivated financial retaliation.

But they’re not powerless. Both provinces boast robust credit union systems. Alberta even owns ATB Financial, a Crown bank originally created to protect Albertans from central Canadian interference. But ownership without political will is just branding.

If Alberta and Saskatchewan are serious about defending civil liberties, they should act now. They can legislate protections that prohibit financial blacklisting based on political affiliation or lawful advocacy. They can require due process before any account is frozen. They can strip “reputational risk” from the rulebooks and make it clear to Ottawa: using banks to punish dissenters won’t fly here.

Because once governments—or corporations doing their bidding—can cut off your access to money for holding the wrong opinion, democracy isn’t just threatened.

It’s already broken.

Marco Navarro-Genie is vice-president of research at the Frontier Centre for Public Policy and co-author, with Barry Cooper, of Canada’s COVID: The Story of a Pandemic Moral Panic (2023).

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