Bonta demands FCC chair ‘stop his campaign of censorship’ following Kimmel suspension
California Atty. Gen. Rob Bonta on Monday accused Federal Communications Commission Chairman Brendan Carr of unlawfully intimidating television broadcasters into toeing a conservative line in favor of President Trump, and urged him to reverse course.
In a letter to Carr, Bonta specifically cited ABCβs decision to pull βJimmy Kimmel Live!β off the air after Kimmel made comments about the killing of close Trump ally Charlie Kirk, and Carr demanded ABCβs parent company Disney βtake actionβ against the late-night host.
Bonta wrote that California βis home to a great many artists, entertainers, and other individuals who every day exercise their right to free speech and free expression,β and that Carrβs demands of Disney threatened their 1st Amendment rights.
βAs the Supreme Court held over sixty years ago and unanimously reaffirmed just last year, βthe First Amendment prohibits government officials from relying on the threat of invoking legal sanctions and other means of coercion to achieve the suppression of disfavored speech,ββ Bonta wrote.
Carr and Trump have both denied playing a role in Kimmelβs suspension, alleging instead that it was due to his show having poor ratings.
After Disney announced Monday that Kimmelβs show would be returning to ABC, Bonta said he was βpleased to hear ABC is reversing course on its capitulation to the FCCβs unlawful threats,β but that his βconcerns stand.β
He rejected Trump and Carrβs denials of involvement, and accused the administration of βwaging a dangerous attack on those who dare to speak out against it.β
βCensoring and silencing critics because you donβt like what they say β be it a comedian, a lawyer, or a peaceful protester β is fundamentally un-American,β while such censorship by the U.S. government is βabsolutely chilling,β Bonta said.
Bonta called on Carr to βstop his campaign of censorshipβ and commit to defending the right to free speech in the U.S., which he said would require βan express disavowalβ of his previous threats and βan unambiguous pledgeβ that he will not use the FCC βto retaliate against private partiesβ for speech he disagrees with moving forward.
βNews outlets have reported today that ABC will be returning Mr. Kimmelβs show to its broadcast tomorrow night. While it is heartening to see the exercise of free speech ultimately prevail, this does not erase your threats and the resultant suppression of free speech from this past week or the prospect that your threats will chill free speech in the future,β Bonta wrote.
After Kirkβs killing, Kimmel said during a monologue that the U.S. had βhit some new lows over the weekend, with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it.β
Carr responded on a conservative podcast, saying, βThese companies can find ways to change conduct, to take action, frankly, on Kimmel, or, you know, thereβs going to be additional work for the FCC ahead.β
Two major owners of ABC affiliates dropped the show, after which ABC said it would be βpreempted indefinitely.β
Both Kirkβs killing and Kimmelβs suspension β which followed the cancellation of βThe Late Show With Stephen Colbertβ by CBS β kicked off a tense debate about freedom of speech in the U.S. Both Kimmel and Colbert are critics of Trump, while Kirk was an ardent supporter.
Constitutional scholars and other 1st amendment advocates said the administration and Carr have clearly been exerting inappropriate pressure on media companies.
Erwin Chemerinsky, dean of the UC Berkeley Law School, said Carrβs actions were part of a broad assault on free speech by the administration, which βis showing a stunning ignorance and disregard of the 1st amendment.β
Summer Lopez, the interim co-chief executive of PEN America, said this is βa dangerous moment for free speechβ in the U.S. because of a host of Trump administration actions that are βpretty clear violations of the 1st Amendmentβ β including Carrβs threats but also statements about βhate speechβ by Atty. Gen. Pam Bondi and new Pentagon restrictions on journalists reporting on the U.S. military.
She said Kimmelβs return to ABC showed that βpublic outrage does make a difference,β but that βitβs important that we generate that level of public outrage when the targeting is of people who donβt have that same prominence.β
Carr has also drawn criticism from conservative corners, including from Sen. Ted Cruz (R-Texas) β who is chairman of the Senate Commerce Committee, which oversees the FCC. He recently said on his podcast that he found it βunbelievably dangerous for government to put itself in the position of saying weβre going to decide what speech we like and what we donβt, and weβre going to threaten to take you off air if we donβt like what youβre saying.β
Cruz said he works closely with Carr, whom he likes, but that what Carr said was βdangerous as hellβ and could be used down the line βto silence every conservative in America.β