Whose Free Speech?

So famous he still needs a name tag?

Many on the left have said that ABC suspending Jimmy Kimmel was or would be a violation of his freedom of speech.

I think we need to make some distinctions. If you say ABC cannot cancel Kimmel no matter what he says, you are ignoring ABC’s free speech rights. That would be compelled speech. ABC is a publisher; it has a right to publish whom they choose, because Kimmel represents them to the public. Imagine if a corporation hired an advertising firm, and then was legally required to run their ads no matter what they sent in.

The issue is different for online platforms like YouTube or Facebook or X. They are considered to merely be providing a service, like the phone company or an ISP. This gives them special legal protections. They are the “public square.” Nobody simply speaking on YouTube represents YouTube. So if they silence anyone, they are indeed violating their freedom of speech.

And the issue is different for “blacklisting”—that is, cancelling or silencing someone not for what they are saying, but for something they said at some other time or on some other platform. That does seem a violation of freedom of speech. It has a chilling effect on public discourse.

If government steps in and requires ABC to cancel Kimmel, openly or behind the scenes, on pain of retribution, this is a violation of freedom of speech—of ABC’s freedom of speech as well as Kimmel’s.

But even the government has the right to block slanderous speech, libel, incitement to violence, or pornography. Slander, libel, or incitement to violence are not just speech, but also deed; they are performative, and can materially harm others. Pornography is not necessarily performative, but may be socially undesirable. Similarly, the government has the right to arrest someone for walking about naked or masturbating in front of children. And no inalienable rights are violated in censoring it. Freedom of speech protects opinions, information and artistic expression, for the sake of public discourse and conscience, and not personal fetishes. 

I hope this clarifies matters. 

Should Kimmel be fired? I urge ABC to do so.