Does Jimmy Kimmel’s removal over Charlie Kirk violate freedom of speech?

United States television host Jimmy Kimmel’s live show was pulled off the air by Disney-owned ABC after he made comments about conservative influencer Charlie Kirk, who was fatally shot last week in what has been deemed by right-wingers in the US a political assassination.

But critics claim Kimmel’s removal is a violation of his free speech rights, which are enshrined under the US Constitution’s First Amendment.

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On Thursday, hundreds of Kimmel fans gathered on the streets in Burbank, New York and Hollywood, protesting the removal of his show.

Here is a closer look at what happened and what the US Constitution says about free speech rights.

What happened to Jimmy Kimmel?

Conservative influencer Charlie Kirk was shot and killed in front of a crowd of about 3,000 people on September 10 while he was speaking at a university event in Utah.

After a 33-hour manhunt, 22-year-old Tyler Robinson was arrested on suspicion of killing Kirk. Robinson has since been charged with aggravated murder.

Some right-wing figures, affiliated with US President Donald Trump’s MAGA (Make America Great Again) wing, have described Robinson as “left-wing”.

On Monday, Kimmel said on his show: “The MAGA gang (is) 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.”

Kimmel continued, criticising the response by Trump – who described Kirk as being “like a son” – to his death. “This is not how an adult grieves the murder of someone he calls a friend. This is how a four-year-old mourns a goldfish,” Kimmel said.

Following a backlash, broadcasters Nexstar and Sinclair said they would pull Kimmel’s late-night show from their affiliated stations.

Brendan Carr, the chairman of the Federal Communications Commission (FCC), also said he had a strong case for taking legal action against Kimmel, Disney and ABC.

Anna Gomez, the only Democrat on the FCC, criticised Carr’s response in an interview with CNN. “This administration is increasingly using the weight of government power to suppress lawful expression,” Gomez said.

The FCC has the authority to grant licences to broadcasters, including ABC and its affiliated stations.

Democratic critics have said that pulling his show off the air is an infringement of Kimmel’s right to free speech, as guaranteed by the First Amendment of the US Constitution.

What does the First Amendment say?

The First Amendment protects free speech from government interference. It states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

In 1963, the US Supreme Court issued a key ruling that the government cannot create a “system of informal censorship” by putting pressure on private companies.

This was issued after a Rhode Island agency had threatened to prosecute book and magazine distributors for selling publications it considered objectionable.

Last year, the Supreme Court ruled that, in such situations, plaintiffs must demonstrate that the government’s actions exceeded allowable persuasion and directly caused them harm.

Was the removal of Kimmel’s show unconstitutional?

Experts say Kimmel’s show being pulled is unconstitutional since it infringes the free speech rights guaranteed by the First Amendment.

Ronnie London, a general counsel with free speech advocacy group Foundation for Individual Rights and Expression, told PolitiFact that Carr’s actions are “a classic case of unconstitutional jawboning”, which means improperly using government threats to pursue policy goals.

“The FCC has long held that ‘the public interest is best served by permitting free expression of views,’” the FCC says on its website.

“Rather than suppress speech, communications law and policy seek to encourage responsive ‘counter-speech’ from others. Following this principle ensures that the most diverse and opposing opinions will be expressed, even though some views or expressions may be highly offensive.”

How have people reacted to Kimmel’s removal?

Many Democrats, politicians, Hollywood stars and fellow talk-show hosts have stressed the importance of protecting free speech rights.

Former US President Barack Obama shared a series of articles and commentary on X on Friday, saying: “This commentary offers a clear, powerful statement of why freedom of speech is at the heart of democracy and must be defended, whether the speaker is Charlie Kirk or Jimmy Kimmel, MAGA supporters or MAGA opponents.”

This commentary offers a clear, powerful statement of why freedom of speech is at the heart of democracy and must be defended, whether the speaker is Charlie Kirk or Jimmy Kimmel, MAGA supporters or MAGA opponents.

— Barack Obama (@BarackObama) September 19, 2025

In another post, Obama wrote: “This is precisely the kind of government coercion that the First Amendment was designed to prevent – and media companies need to start standing up rather than capitulating to it.”

Former late-night host David Letterman said during an event in New York on Thursday: “I feel bad about this, because we all see where this is going, correct? It’s managed media. It’s no good. It’s silly. It’s ridiculous.”

Ken Martin, the chairman of the Democratic National Committee, said in a statement: “The state under Donald Trump has amassed a chilling record of restricting speech, extorting private companies, and dropping the full weight of the government censorship hammer on First Amendment rights.”

Democratic California Senator Adam Schiff posted on X on Thursday: “This administration is responsible for the most blatant attacks on the free press in American history. What will be left of the First Amendment?”

By contrast, the suspension of Kimmel’s show has drawn celebration from the political right.

“Great News for America: The ratings challenged Jimmy Kimmel Show is CANCELLED,” Trump wrote on his Truth Social platform.

“Congratulations to ABC for finally having the courage to do what had 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,” Trump continued, referring to late-night show hosts Jimmy Fallon and Seth Meyers.

Conservative podcaster Megyn Kelly wrote on X on Thursday: “I’m not sure who needs to hear this but Jimmy Kimmel got on the air and falsely stated as a fact that Charlie Kirk’s killer was MAGA, smearing an entire movement and Trump in particular with a vile disgusting lie.”