Over six million people tuned into ABC to watch Jimmy Kimmel Live! on Tuesday, 23rd September, with an additional 26 million people watching snippets of his monologue across social media platforms. This massive audience comes after a crisis on the airwaves. Kimmel had just returned to TV following his suspension the week before over remarks about conservative activist Charlie Kirk, who was assassinated on 10th September.
Kirk was the founder and CEO of Turning Point USA, a nonprofit organisation that “promotes the principles of fiscal responsibility, free markets, and limited government.” More than that, Kirk was a conservative whose organisation and influential media presence, especially among the youth, helped fuel Trump’s ‘Make America Great Again’ (MAGA) movement.
During his show on 16th September, Kimmel had commented on Kirk’s assassination, saying that the “MAGA gang was desperately trying to characterise this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it.” The next day, the Federal Communications Commission (FCC) began its threats – Brendan Carr, chair of the FCC, suggested on a podcast that Kimmel should be suspended, and continued “we can do this the easy way or the hard way.” Soon after, Kimmel’s show was abruptly suspended “indefinitely.”
This incident is one of many in the crackdown on freedom of speech in the history of late night talk shows in the United States. Previously, Stephen Colbert had faced several complaints from the FCC, while other hosts such as Jimmy Fallon and David Letterman have received lots of political criticism.
While Kimmel’s show is now back on TV, the critics who protested his suspension were quick to mobilise. Thousands of people canceled their subscriptions to Disney-owned streaming platforms. The backlash wasn’t limited to individuals; five major Hollywood unions, representing a combined force of over 400,000 film and broadcast employees, publicly condemned the company’s actions. While a lot of people were in favor of his return, including former president Barack Obama, many were not happy to see him back on screen. This includes current President Donald Trump, who posted on social media saying “I can’t believe ABC Fake News gave Jimmy Kimmel his job back.”
Disney has the right to manage its brand and business. But the company stated that the suspension was purely to protect the Disney brand from political controversy. It was discovered later that Disney did not take this step solely for that reason, but also because of the FCC’s threats. The First Amendment promises freedom of religion, speech, press, assembly and petition. But was Kimmel’s freedom to speak protected?
Globally and traditionally, satire has always been a means of expression, especially in political contexts. In particular, satire is designed to poke fun at those in positions of power and influence; those who can withstand the odd comedic jibe and joke at their expense because their real world struggles are unlikely to be exacerbated by them. Kimmel’s monologue was a classic example of it. His words were aimed at powerful individuals that he felt were attempting to exploit Kirk’s assasination for political gain. Under the First Amendment, he should surely have been protected. But given the FCC’s power to sanction broadcast licenses and review corporate mergers, Disney’s response to indefinitely suspend the show was a sign of fear – a case of jawboning.
Jawboning is a legal term for when the government uses its influence to pressure private companies. In the USA, it’s not something unprecedented. During the COVID-19 pandemic, jawboning was used to pressure social media platforms to censor misinformation or disinformation related to the pandemic and to the elections. In Kimmel’s case, it was the FCC’s threats that led to the suspension, and not just the public outcry and subscription cancellations. Afterall, Disney is a massive brand with over 200 assets under its belt. But when its ability to grow is subject to the approval of the FCC, Disney’s autonomy crumbles, and no matter how big the company is, it becomes hard to ignore any potential damage.
“As I was saying before I was interrupted,” joked Kimmel during his reappearance on the small screen. But this crackdown on Kimmel’s show now affects every other late night show host, probably even comedians who make jokes about political matters – is their career worth risking over a joke? “It’s a scary time in late-night now. Nobody knows what’s next,” said a veteran of late night TV shows – or perhaps ‘who is next’ is a more viable concern. In Trump’s America, this has become a serious consideration.
While others are given a carte blanche to spew all kinds of hate speech on TV, Jimmy Kimmel was singled out and suspended over expressing an opinion on the politicalization of the assassination of a public figure. His brief suspension is a reminder that democracy, no matter how much it is said to be alive, is not to be taken for granted. It shows us that the American government, much like the governments in Turkey, Poland and Egypt, among others, can use tactics like jawboning to achieve what they want. And ultimately, it tells us to always remain vigilant whenever the most powerful and recognised voices in the media are inexplicably hushed.
Words by Tala Ladki
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