Could Jimmy Kimmel sue Donald Trump after being pulled off air?
Courtesy: Jimmy Kimmel Live/Youtube, AFP
ABC’s decision to suspend Jimmy Kimmel Live! has raised questions about whether the late-night host could pursue legal action, particularly in light of statements from federal regulators and criticism from President Donald Trump.
The controversy began after Kimmel, during his September 15 monologue, commented on how some Republicans responded to Charlie Kirk’s death, suggesting that certain figures were using the tragedy for political gain rather than mourning sincerely. Trump called Kimmel’s remarks “a horrible thing” and praised ABC’s decision to pull the show off the air.
Federal Communications Commission Chairman Brendan Carr publicly warned that broadcasters airing similar content could face regulatory review. Hours later, ABC announced that Jimmy Kimmel Live! would be suspended indefinitely. The network and its affiliates have not commented on whether the suspension was influenced by FCC statements.
Legal experts note that any lawsuit would be challenging. Courts generally hold that free speech protections under the First Amendment apply to government action, not decisions made independently by private companies. “If ABC was pressured into suspending the program by a government entity, that could raise First Amendment concerns,” said Eugene Volokh, law professor emeritus at UCLA. “But it is unclear whether the network’s decision was due to government influence or corporate judgment.”
Other experts emphasise the complexity of the situation. RonNell Andersen Jones of the University of Utah noted that proving government coercion, rather than business considerations, would be key in any legal claim. The Knight First Amendment Institute at Columbia University criticised potential overreach, warning that government involvement in media decisions could threaten freedom of expression.
Even if Kimmel pursued legal action, outcomes would be uncertain. Remedies could include injunctions to prevent future interference, but securing damages would likely be difficult. Any claim would require clear evidence linking FCC statements or other government actions directly to ABC’s suspension.
Regardless of whether Kimmel takes legal steps, the episode has reignited discussion on media independence and the boundaries of government influence over broadcasters. Analysts say it highlights the tension between political pressures and free expression in American media.