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 ABCโs decision to pull โJimmy Kimmel Live!โ off the air after Kimmel made comments about the killing of close Trump ally Charlie Kirk, and Carr demanded ABCโs parent company Disney โtake actionโ against the late-night host.
Bonta wrote that California โis 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 Carrโs demands of Disney threatened their 1st Amendment rights.
โAs the Supreme Court held over sixty years ago and unanimously reaffirmed just last year, โthe 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,โโ Bonta wrote.
Carr and Trump have both denied playing a role in Kimmelโs suspension, alleging instead that it was due to his show having poor ratings.
After Disney announced Monday that Kimmelโs show would be returning to ABC, Bonta said he was โpleased to hear ABC is reversing course on its capitulation to the FCCโs unlawful threats,โ but that his โconcerns stand.โ
He rejected Trump and Carrโs denials of involvement, and accused the administration of โwaging a dangerous attack on those who dare to speak out against it.โ
โCensoring and silencing critics because you donโt 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 โabsolutely chilling,โ Bonta said.
Bonta called on Carr to โstop his campaign of censorshipโ and commit to defending the right to free speech in the U.S., which he said would require โan express disavowalโ of his previous threats and โan unambiguous pledgeโ that he will not use the FCC โto retaliate against private partiesโ for speech he disagrees with moving forward.
โNews outlets have reported today that ABC will be returning Mr. Kimmelโs 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 Kirkโs killing, Kimmel said during a monologue that the U.S. had โhit 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, โThese companies can find ways to change conduct, to take action, frankly, on Kimmel, or, you know, thereโs 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 โpreempted indefinitely.โ
Both Kirkโs killing and Kimmelโs suspension โ which followed the cancellation of โThe 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 Carrโs actions were part of a broad assault on free speech by the administration, which โis showing a stunning ignorance and disregard of the 1st amendment.โ
Summer Lopez, the interim co-chief executive of PEN America, said this is โa dangerous moment for free speechโ in the U.S. because of a host of Trump administration actions that are โpretty clear violations of the 1st Amendmentโ โ including Carrโs threats but also statements about โhate speechโ by Atty. Gen. Pam Bondi and new Pentagon restrictions on journalists reporting on the U.S. military.
She said Kimmelโs return to ABC showed that โpublic outrage does make a difference,โ but that โitโs important that we generate that level of public outrage when the targeting is of people who donโt 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 โunbelievably dangerous for government to put itself in the position of saying weโre going to decide what speech we like and what we donโt, and weโre going to threaten to take you off air if we donโt like what youโre saying.โ
Cruz said he works closely with Carr, whom he likes, but that what Carr said was โdangerous as hellโ and could be used down the line โto silence every conservative in America.โ