Jimmy Kimmel's Joke Is Protected Speech, Disney Must Stand Tall
Kimmel's Joke Protected, Disney Must Stand Tall

Margaret Sullivan, a Guardian US columnist, argues that Jimmy Kimmel's joke about Melania Trump is protected speech, and Disney must stand firm against government pressure.

Kimmel's Joke and the Fallout

Days before the alleged assassination attempt on Donald Trump, Jimmy Kimmel made a quip at a mock White House correspondents' dinner, describing Melania Trump as having 'a glow like an expectant widow.' The line was part of a routine satirizing the event's shift away from edgy comedy after Michelle Wolf's controversial 2018 performance. However, after a real-life security incident at the Washington Hilton, the joke took on a darker tone, and the Trumps seized on it as grievance fodder. Melania Trump called it 'hateful and violent rhetoric,' and Donald Trump demanded Kimmel's firing, labeling the joke 'a despicable call to violence.'

ABC and Disney's Response

ABC did not fire Kimmel, likely learning from a previous incident where public outcry and subscription cancellations forced the network to reinstate him. However, FCC Chair Brendan Carr, appointed by Trump, launched license reviews of eight ABC stations, citing 'unlawful discrimination' over diversity and equity regulations. Democratic FCC Commissioner Anna Gomez called this 'the most egregious action this FCC has taken in violation of the first amendment to date.' Jessica Gonzalez of Free Press described it as an 'extraordinary and unconstitutional attack on the media' and a 'favor to the most fragile president in US history.'

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Disney's Stance

Disney has stated it will defend its compliance with FCC rules through legal channels, though critics note this is not a robust defense of free speech. The company previously settled a lawsuit by Trump over George Stephanopoulos's remarks, which many legal experts considered defensible. This set a bad precedent, encouraging Trump to continue suing news organizations. Carr's actions create a chilling effect, threatening self-censorship among networks and comedians. As Gomez noted, 'It's the threats that are the point,' with Carr using pressure to force companies to capitulate on diversity practices.

The Stakes for Free Speech

Sullivan concludes that Disney must stand up to Carr and Trump not just to avoid backlash, but to protect the constitutional right to free speech. The ultimate goal of these tactics is to force media adulation for Trump. Defending Kimmel's joke is a test of whether corporate America will bow to political pressure or uphold First Amendment principles.

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