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In Pressuring ABC Over Kimmel, Trump May Have Crossed a Constitutional Line

NYT > Business > Media · Adam Liptak · last updated

In 1963, four years before Jimmy Kimmel was born, the Supreme Court drew a constitutional line. The government is free to encourage and persuade private entities to support its policies, the court said. But the First Amendment forbids the government from using coercion backed by threats of punishment to suppress speech.

That line has been tested by ABC’s decision to suspend Mr. Kimmel after the chairman of the Federal Communications Commission, Brendan Carr, criticized his commentary on the killing of the conservative activist Charlie Kirk.

It is not clear whether or how Mr. Kimmel’s suspension might lead to a First Amendment case against the government or what precise question it would pose. Mr. Carr appeared to threaten both the network and its affiliates with regulatory action, though his agency’s power is mostly over the licenses of local stations.

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