September 17, 2025 (Wednesday)

This evening, John Koblin, Michael M. Grynbaum, and Brooks Barnes of the New York Times reported that ABC was pulling the television show of comedian Jimmy Kimmel off the air. The suspension is allegedly over his comments Monday about the murder of right-wing activist Charlie Kirk, although Chris Hayes of All In pointed out that after CBS pulled Stephen Colbert, another political comedian, off the air in July, President Donald Trump told reporters that comedians Jimmy Fallon and Jimmy Kimmel would be “next. They’re going to be going. I hear they’re going to be going.”

Kimmel has one of the top late-night television shows, attracting younger viewers in the 18-49 year old demographic. He delivers monologues that skewer President Donald J. Trump and the administration. His YouTube channel, which replays his show, has more than twenty million subscribers.

During his monologue on Monday’s show, Kimmel said: “We hit 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. In between the finger-pointing, there was grieving. On Friday, the White House flew the flags at half staff which got some criticism but on a human level you can see how hard the president is taking this.”

Kimmel then played a clip of Trump’s response to a reporter who asked how the president was holding up after Kirk’s death. Trump answered: “I think very good. And by the way right there you see all the trucks, they just started construction of the new ballroom for the White House which is something they’ve been trying to get as you know for about for 150 years and it’s gonna be a beauty.”

On the podcast of right-wing influencer Benny Johnson on Wednesday, chair of the Federal Communications Commission (FCC) Brendan Carr said that Kimmel’s words were part of a “concerted effort to try to lie to the American people” and that the FCC was “going to have remedies that we can look at.” “Frankly, when you see stuff like this,” he said, “I mean look, we can do this the easy way or the hard way. These companies can find ways to change conduct and take action, frankly, on Kimmel, or there’s going to be additional work for the FCC ahead.”

Carr explained: "There's actions we can take on licensed broadcasters. And frankly, I think that it’s really sort of past time that a lot of these licensed broadcasters themselves push back on Comcast and Disney and say…'We're not gonna run Kimmel anymore...because we licensed broadcasters are running the possibility of fines or license revocation from the FCC.'"

The largest operator of ABC affiliates, Nexstar—which needs FCC approval for a $6.2 billion merger—said it would stop airing Kimmel’s show from its stations. Then ABC suspended Kimmel’s show.

Benny Johnson, the podcaster on whose show Carr threatened Kimmel, was one of the influencers Russian state media funded to spread propaganda before the 2024 election. After Kimmel’s suspension, Johnson posted on social media: “We did it for you, Charlie. And we’re just getting started.”

Exactly two hundred and thirty-eight years ago today, on September 17, 1787, in Philadelphia, Pennsylvania, the men we know now as the Framers signed their final draft of a new constitution for the United States, hoping it would fix the problems of the first attempt to create a new nation. During the Revolutionary War, the Second Continental Congress had hammered out a plan for a confederation of states, but with fears of government tyranny still uppermost in delegates’ minds, they centered power in the states rather than in a national government.

The result—the Articles of Confederation—was a “firm league of friendship” among the thirteen new states, overseen by a congress of men chosen by the state legislatures and in which each state had one vote. The new pact gave the federal government few duties and even fewer ways to meet them. Indicating their inclinations, in the first substantive paragraph the authors of the agreement said: “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”

Within a decade, the states were refusing to contribute money to the new government and were starting to contemplate their own trade agreements with other countries. An economic recession in 1786 threatened farmers in western Massachusetts with the loss of their farms when the state government in the eastern part of the state refused relief; in turn, when farmers led by Revolutionary War captain Daniel Shays marched on Boston, propertied men were so terrified their own property would be seized that they raised their own army for protection.

The new system clearly could not protect property of either the poor or the rich and thus faced the threat of landless mobs. The nation seemed on the verge of tearing itself apart, and the new Americans were all too aware that both England and Spain were standing by, waiting to make the most of the opportunities such chaos would create.

And so, in 1786, leaders called for a reworking of the new government centered not on the states, but on the people of the nation represented by a national government. The document began, “We the People of the United States, in order to form a more perfect Union….”

The Constitution established a representative democracy, a republic, in which three branches of government would balance each other to prevent the rise of a tyrant. Congress would write all “necessary and proper” laws, levy taxes, borrow money, pay the nation’s debts, establish a postal service, establish courts, declare war, support an army and navy, organize and call forth “the militia to execute the Laws of the Union,” and “provide for the common Defence and general Welfare of the United States.”

The president would execute the laws, but if Congress overstepped, the president could veto proposed legislation. In turn, Congress could override a presidential veto. Congress could declare war, but the president was the commander in chief of the army and had the power to make treaties with foreign powers. It was all quite an elegant system of paths and tripwires, really.

A judicial branch would settle disputes between inhabitants of the different states and guarantee every defendant a right to a jury trial.

In this system, the new national government was uppermost. The Constitution provided that “[t]he Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States” and promised that “the United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion….”

Finally, it declared: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

But after their experience throwing off the yoke of what they considered an overly powerful king, those concerned about creating too powerful a national government worried the new government would endanger individual liberty. They demanded that the framers of the new government enumerate the ways in which it could not intrude on the rights of the people.

In 1789 the new Congress passed ten amendments to the Constitution, and the states ratified them over the next two years. Taken together, the amendments were known as the Bill of Rights.

The first of those amendments prohibits the government from intruding on the basic liberties that enable individuals to challenge it. It prohibits the government from establishing a state religion or infringing on the right of individuals to publish whatever they wish, to assemble peacefully, or to ask the government to remedy unfair situations.

It prohibits the government from infringing on the right of individuals to speak freely, without fear of government retaliation.

Americans take their First Amendment rights seriously. In April 2025, a Pew Research Center poll showed that 92% of Americans thought it was important “that the media can report the news without state/government censorship.”

Kimmel’s suspension has produced an uproar. Comedian Paul Scheer noted that Kimmel is off the air but Brian Kilmeade of the Fox News Channel, who recently called for killing homeless Americans by “involuntary lethal injection,” is still employed. The union that represents the musicians on Kimmel’s show called the suspension “a direct attack on free speech and artistic expression,” adding: “These are fundamental rights that we must protect in a free society.” The Writers Guild of America posted: “The right to speak our minds and to disagree with each other—to disturb, even—is at the heart of what it means to be a free people…. If free speech applied only to ideas we like, we needn’t have bothered to write it into the Constitution…. Shame on those in government who forget this founding truth.”

On CNN, conservative pundit David Frum called it “state repression.” On his show, right-wing activist Tucker Carlson said: “[I]f they can tell you what to say, they’re telling you what to think. There is nothing they can’t do to you because they don’t consider you human…. A free man has a right to say what he believes.”

Illinois governor J.B. Pritzker posted: “This is an attack on free speech and cannot be allowed to stand. All elected officials need to speak up and push back on this undemocratic act.” He pointed out that in 2023, Brendan Carr himself posted: “Free speech is…the check on government control. That is why censorship is the authoritarian’s dream.” Senator Chris Murphy (D-CT) warned of a coming campaign to “use the murder of Charlie Kirk as a pretext to use the power of the White House to wipe out Trump’s critics and his political opponents."

From England, where he is on a state visit, Trump posted: “Great News for America: The ratings challenged Jimmy Kimmel Show is CANCELLED. Congratulations to ABC for finally having the courage to do what needed to be done. Kimmel has ZERO talent, and worse ratings than even Colbert, if that’s possible. That leaves Jimmy and Seth, two total losers, on Fake News NBC. Their ratings are also horrible. Do it NBC!!! President DJT”

Two hundred and thirty-eight years ago today, the Framers signed their names to the blueprint for a new government established by “We the People of the United States.” The next day, James McHenry, a delegate to the Constitutional Convention, recorded in his diary that a lady had asked delegate Benjamin Franklin whether the convention had established a republic or a monarchy. “A republic,” Franklin said, “if you can keep it.”

—

Notes:

https://www.nytimes.com/2025/09/17/business/media/abc-jimmy-kimmel.html

https://www.npr.org/2024/09/05/nx-s1-5100829/russia-election-influencers-youtube

https://www.pewresearch.org/global/2025/04/24/importance-of-press-freedom-free-speech-and-freedom-on-the-internet/#freedom-of-the-press

https://www.nexstar.tv/nexstar-media-group-inc-enters-into-definitive-agreement-to-acquire-tegna-inc-for-6-2-billion-in-accretive-transaction/

https://www.techdirt.com/2025/09/17/cowardly-disney-caves-to-brendan-carrs-bogus-censorial-threats-pulling-jimmy-kimmel/

https://latenighter.com/news/ratings/late-night-tv-ratings-q2-2025/

https://www.detpress.com/abc/pressrelease/jimmy-kimmel-live-tops-late-night-for-second-week-in-a-row-in-adults-18-49/

https://www.theguardian.com/tv-and-radio/2025/sep/18/jimmy-kimmel-suspension-sparks-shock-fears-for-free-speech-censoring-realtime

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