Bonta demands FCC chair ‘stop his campaign of censorship’ following Kimmel suspension

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 ABCโ€™s decision to pull โ€œJimmy Kimmel Live!โ€ off the air after Kimmel made comments about the killing of close Trump ally Charlie Kirk, and Carr demanded ABCโ€™s parent company Disney โ€œtake actionโ€ against the late-night host.

Bonta wrote that California โ€œis home to a great many artists, entertainers, and other individuals who every day exercise their right to free speech and free expression,โ€ and that Carrโ€™s demands of Disney threatened their 1st Amendment rights.

โ€œAs the Supreme Court held over sixty years ago and unanimously reaffirmed just last year, โ€˜the 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,โ€™โ€ Bonta wrote.

Carr and Trump have both denied playing a role in Kimmelโ€™s suspension, alleging instead that it was due to his show having poor ratings.

After Disney announced Monday that Kimmelโ€™s show would be returning to ABC, Bonta said he was โ€œpleased to hear ABC is reversing course on its capitulation to the FCCโ€™s unlawful threats,โ€ but that his โ€œconcerns stand.โ€

He rejected Trump and Carrโ€™s denials of involvement, and accused the administration of โ€œwaging a dangerous attack on those who dare to speak out against it.โ€

โ€œCensoring and silencing critics because you donโ€™t like what they say โ€” be it a comedian, a lawyer, or a peaceful protester โ€” is fundamentally un-American,โ€ while such censorship by the U.S. government is โ€œabsolutely chilling,โ€ Bonta said.

Bonta called on Carr to โ€œstop his campaign of censorshipโ€ and commit to defending the right to free speech in the U.S., which he said would require โ€œan express disavowalโ€ of his previous threats and โ€œan unambiguous pledgeโ€ that he will not use the FCC โ€œto retaliate against private partiesโ€ for speech he disagrees with moving forward.

โ€œNews outlets have reported today that ABC will be returning Mr. Kimmelโ€™s 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,โ€ Bonta wrote.

After Kirkโ€™s killing, Kimmel said during a monologue that the U.S. had โ€œhit 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.โ€

Carr responded on a conservative podcast, saying, โ€œThese companies can find ways to change conduct, to take action, frankly, on Kimmel, or, you know, thereโ€™s going to be additional work for the FCC ahead.โ€

Two major owners of ABC affiliates dropped the show, after which ABC said it would be โ€œpreempted indefinitely.โ€

Both Kirkโ€™s killing and Kimmelโ€™s suspension โ€” which followed the cancellation of โ€œThe Late Show With Stephen Colbertโ€ by CBS โ€” 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 Carrโ€™s actions were part of a broad assault on free speech by the administration, which โ€œis showing a stunning ignorance and disregard of the 1st amendment.โ€

Summer Lopez, the interim co-chief executive of PEN America, said this is โ€œa dangerous moment for free speechโ€ in the U.S. because of a host of Trump administration actions that are โ€œpretty clear violations of the 1st Amendmentโ€ โ€” including Carrโ€™s threats but also statements about โ€œhate speechโ€ by Atty. Gen. Pam Bondi and new Pentagon restrictions on journalists reporting on the U.S. military.

She said Kimmelโ€™s return to ABC showed that โ€œpublic outrage does make a difference,โ€ but that โ€œitโ€™s important that we generate that level of public outrage when the targeting is of people who donโ€™t have that same prominence.โ€

Carr has also drawn criticism from conservative corners, including from Sen. Ted Cruz (R-Texas) โ€” who is chairman of the Senate Commerce Committee, which oversees the FCC. He recently said on his podcast that he found it โ€œunbelievably dangerous for government to put itself in the position of saying weโ€™re going to decide what speech we like and what we donโ€™t, and weโ€™re going to threaten to take you off air if we donโ€™t like what youโ€™re saying.โ€

Cruz said he works closely with Carr, whom he likes, but that what Carr said was โ€œdangerous as hellโ€ and could be used down the line โ€œto silence every conservative in America.โ€

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