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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

Ottawa’s New Hate Law Goes Too Far

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From the Frontier Centre for Public Policy

By Lee Harding

Ottawa says Bill C-9 fights hate. Critics say it turns ordinary disagreement into a potential crime.

Discriminatory hate is not a good thing. Neither, however, is the latest bill by the federal Liberal government meant to fight it. Civil liberties organizations and conservative commentators warn that Bill C-9 could do more to chill legitimate speech than curb actual hate.

Bill C-9 creates a new offence allowing up to life imprisonment for acts motivated by hatred against identifiable groups. It also creates new crimes for intimidation or obstruction near places of worship or community buildings used by identifiable groups. The bill adds a new hate propaganda offence for displaying terrorism or hate symbols.

The Canadian Civil Liberties Association (CCLA) warns the legislation “risks criminalizing some forms of protected speech and peaceful protest—two cornerstones of a free and democratic society—around tens of thousands of community gathering spaces in Canada.” The CCLA sees no need to add to existing hate laws.

Bill C-9 also removes the requirement that the Attorney General consent to lay charges for existing hate propaganda offences. The Canadian Constitution Foundation (CCF) calls this a major flaw, noting it removes “an important safeguard for freedom of expression that has been part of Canada’s law for decades.” Without that safeguard, decisions to prosecute may depend more on local political pressures and less on consistent national standards.

Strange as it sounds, hatred just will not be what it used to be if this legislation passes. The core problem begins with how the bill redefines the term itself.

Previously, the Supreme Court of Canada said hatred requires “extreme manifestations” of detestation or vilification that involve destruction, abhorrence or portraying groups as subhuman or innately evil. Instead, Bill C-9 defines hatred as “detestation or vilification,” stronger than “disdain or dislike.” That is a notably lower threshold. This shift means that ordinary political disagreement or sharp criticism could now be treated as criminal hatred, putting a wide range of protected expression at real risk.

The bill also punishes a hateful motivation more than the underlying crime. For example, if a criminal conviction prompted a sentence of two years to less than five years, a hateful motivation would add as much as an additional five years of jail time.

On paper, most Canadians may assume they will never be affected by these offences. In practice, the definition of “hate” is already stretched far beyond genuine threats or violence.

Two years ago, the 1 Million March for Children took place across Canada to protest the teaching of transgender concepts to schoolchildren, especially the very young. Although such opposition is a valid position, unions, LGBT advocates and even Newfoundland and Labrador Conservatives adopted the “No Space For Hate” slogan in response to the march. That label now gets applied far beyond real extremism.

Public pressure also shapes how police respond to protests. If citizens with traditional values protest a drag queen story hour near a public library, attendees may demand that police lay charges and accuse officers of implicit hatred if they refuse. The practical result is clear: officers may feel institutional pressure to lay charges to avoid being accused of bias, regardless of whether any genuine threat or harm occurred.

Police, some of whom take part in Pride week or work in stations decorated with rainbow colours in June, may be wary of appearing insensitive or intolerant. There have also been cases where residents involved in home invasion incidents were charged, and courts later determined whether excessive force was used. In a similar way, officers may lay charges first and allow the courts to sort out whether a protest crossed a line. Identity-related considerations are included in many workplace “sensitivity training” programs, and these broader cultural trends may influence how such situations are viewed. In practice, this could mean that protests viewed as ideologically unfashionable face a higher risk of criminal sanction than those aligned with current political priorities.

If a demonstrator is charged and convicted for hate, the Liberal government could present the prosecution as a matter for the justice system rather than political discretion. It may say, “It was never our choice to charge or convict these people. The system is doing its job. We must fight hate everywhere.”

Provincial governments that support prosecution will be shielded by the inability to show discretion, while those that would prefer to let matters drop will be unable to intervene. Either way, the bill could increase tensions between Ottawa and the provinces. This could effectively centralize political authority over hate-related prosecutions in Ottawa, regardless of regional differences in values or enforcement priorities.

The bill also raises concerns about how symbols are interpreted. While most Canadians would associate the term “hate symbol” with a swastika, some have linked Canada’s former flag to extremism. The Canadian Anti-Hate Network did so in 2022 in an educational resource entitled “Confronting and preventing hate in Canadian schools.”

The flag, last used nationally in 1965, was listed under “hate-promoting symbols” for its alleged use by the “alt-right/Canada First movement” to recall when Canada was predominantly white. “Its usage in modern times is an indicator of hate-promoting beliefs,” the resource insisted. If a historic Canadian symbol can be reclassified this easily, it shows how subjective and unstable the definition of a “hate symbol” could become under this bill.

These trends suggest the legislation jeopardizes not only symbols associated with Canada’s past, but also the values that supported open debate and free expression. Taken together, these changes do not merely target hateful behaviour. They create a legal framework that can be stretched to police dissent and suppress unpopular viewpoints. Rest in peace, free speech.

Lee Harding is a research fellow for the Frontier Centre for Public Policy.

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Censorship Industrial Complex

Conservative MP calls on religious leaders to oppose Liberal plan to criminalize quoting Scripture

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From LifeSiteNews

By Clare Marie Merkowsky

Quoting the Bible, Quran, or Torah to condemn abortion, homosexuality, or LGBT propaganda could be considered criminal activity

Conservatives are warning that Canadians should be “very afraid” of the Liberals’ proposal to punish quoting Scripture, while advising religious leaders to voice their opposition to the legislation.

During a December 6 session in Parliament, Conservative Member of Parliament (MP) Larry Brock warned Canadians of the very real threat to their religious freedom thanks to proposed amendments to Bill C-9, the “Combating Hate Act,” that would allow priests quoting Scripture to be punished.

“Do Christians need to be concerned about this legislation?” MP Bob Zimmer questioned. “Does it really threaten the Bible and free speech in Canada?”

“They should be very afraid,” Brock responded. “Every faith leader should be very afraid as to what this Liberal government with the support of the Bloc Quebecois wishes to do.”

“As I indicated, religious freedom is under attack at the hands of this Liberal government,” he declared.

Brock stressed the need for religious leaders to “speak out loud and clear” against the proposed amendment and contact their local Liberal and Bloc MPs.

Already, the Canadian Conference of Catholic Bishops penned an open letter to the Carney Liberals, condemning the proposed amendment and calling for its removal.

As LifeSiteNews reported earlier this week, inside government sources revealed that Liberals agreed to remove religious exemptions from Canada’s hate speech laws as part of a deal with the Bloc Québécois to keep Liberals in power.

Bill C-9, as reported by LifeSiteNews, has been blasted by constitutional experts as empowering police and the government to go after those it deems to have violated a person’s “feelings” in a “hateful” way.

As a result, quoting the Bible, Quran, or Torah to condemn abortion, homosexuality, or LGBT propaganda could be considered criminal activity.

Shortly after the proposed amendment was shared on social media, Conservatives launched a petition, calling “on the Liberal government to protect religious freedom, uphold the right to read and share sacred texts, and prevent government overreach into matters of faith.”

Already, in October, Liberal MP Marc Miller said that certain passages of the Bible are “hateful” because of what it says about homosexuality and those who recite the passages should be jailed.

“Clearly there are situations in these texts where these statements are hateful,” Miller said. “They should not be used to invoke or be a defense, and there should perhaps be discretion for prosecutors to press charges.”

His comments were immediately blasted by Conservative politicians throughout Canada, with Alberta provincial Conservative MLA and Minister of Municipal Affairs Dan Williams saying, “I find it abhorrent when MPs sitting in Ottawa – or anyone in positions of power – use their voice to attack faith.”

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