The Big Story Jimmy Kimmel is back, but free speech remains in limbo
Sep 24, 2025
In this captivating discussion, law professor Eugene Volokh, an expert in First Amendment law, dives into the implications of Jimmy Kimmel’s recent suspension from television. He explores whether this reflects a troubling trend towards government censorship and highlights instances of coercion during the Trump administration. Volokh clarifies that there’s no inherent exception for hate speech in U.S. law and questions why corporations often bow to government pressure. With Kimmel's return, he believes it signals a potential deterrent against future censorship.
AI Snips
Chapters
Transcript
Episode notes
Coercion Against Speech Breaks Constitutional Lines
- Attempting to coerce networks to remove protected speech is unconstitutional even if successful.
- Volokh stresses the same rule applies regardless of whether the government leans left or right.
History Of Regulatory Pressure On Broadcasters
- Volokh recounts historical precedent of administrations using broadcasting regulation to pressure networks.
- He notes Nixon, Kennedy, Johnson and even FDR used regulatory levers to influence speech.
Push Back Politically When Courts Lag
- Use political pushback as a practical check when legal remedies are slow or uncertain.
- Volokh highlights bipartisan political pressure as an effective counter to government coercion.