For employees, Kimmel’s case emphasizes the importance of balancing free speech with potential consequences.
Encino, California – ABC’s indefinite suspension of Jimmy Kimmel Live!, a ratings powerhouse, following the host’s alleged inflammatory statements, has sparked a debate on free speech, moderation, and censorship, as well as the role of the employer in regulating and sometimes censoring speech. [Editor’s note: Kimmel’s suspension was lifted approximately a week later, though some affiliate stations have not returned to airing the show.] What ABC decided to do to Kimmel is not only news in the entertainment industry; it highlights how complex the boundaries of speech and its consequences have become, now more than ever.
Kimmel made a critical remark about certain political figures and public servants, all in his style. ABC’s local affiliates stated they would no longer air the late-night talk show on their stations, the Federal Communications Commission (FCC) announced, threatening regulatory action. Eventually, ABC chose to suspend the show itself. For some, this decision represented accountability for outrageous comments; for others, it was censorship driven by political and regulatory pressures, imposed by a large media corporation.
“This pivotal moment demands attention from both employees and employers alike,” stated Eric B. Kingsley, Partner at Kingsley Szamet Employment Lawyers. “Make no mistake, censorship has evolved. It now functions in corporate boardrooms, political backchannels, and regulatory frameworks, rather than relying solely on government edicts. We must passionately defend lawful speech rights while recognizing the impossible situation companies face when caught between public backlash and political pressures. The freedoms at stake are too valuable to sacrifice for convenience or fear.”
For employees, Kimmel’s case emphasizes the importance of balancing free speech with potential consequences. First Amendment protections prevent the government from censoring dissenting speech, but private employers can take disciplinary action. A public endorsement, social media comment, or casual remark in a store could result in suspension, termination, or damage to your reputation, especially if you hold a high-profile, public-facing role.
Employment agreements, company policies, and state laws define what speech is protected and when an employer can take action. Some speech, like whistleblowing or lawful political activities, is protected; however, most employment-related speech can still have consequences.
For additional information on employment law, visit: https://www.kingsleykingsley.com.
About Kingsley Szamet Employment Lawyers
Kingsley Szamet is a California‐based employment law firm that exclusively represents employees. With attorneys experienced in class actions, discrimination, wrongful terminations, and wage/hour violations, the firm has recovered over $300 million in verdicts and settlements. For more information or a free case evaluation, visit https://www.kingsleykingsley.com
Join the conversation!