Protecting the First Amendment: Why This Moment Matters for Broadcasters

The controversy surrounding Jimmy Kimmel Live! has sparked understandable questions about broadcasters' First Amendment rights and the influence of those in power. This is an unprecedented time in media history and moments like this demand a direct conversation about what is at stake.

Let me first state affirmatively that broadcasters must be able to make decisions about the content on our airwaves free from government influence. The First Amendment affords our stations - and all Americans - this fundamental right, and the mere perception that broadcasters acted because of undue pressure is a problem for our credibility and the trust we have built with our audiences.

Unfortunately, government pressure on media to cover events in a particular way is not new and it has come from both political parties. During the Obama administration, journalists decried the use of the Espionage Act to investigate reporters and demand their confidential sources. Under the Biden administration, reporters faced growing barriers to access, and local affiliate stations were targeted based on the actions of cable news networks. Today, we continue to see veiled threats suggesting broadcasters should be penalized for airing content that is contrary to a particular point of view.

These attempts were wrong then, and they are wrong now.

The First Amendment makes clear that broadcasters - not the government - bear the responsibility for editorial decisions. Local radio and television stations take this obligation seriously, working every day to reflect the unique and diverse needs of our communities, especially on sensitive issues. This is what makes local stations the most trusted sources of information. Ultimately, broadcasters are accountable to the viewers and listeners we serve.

Beyond the obvious constitutional issues that have been raised, there is another challenge: Broadcasters are already fighting for our future, facing extraordinary disruption in the media ecosystem from Big Tech. If the very act of owning or transferring a broadcast license carries the risk of political interference, it will drive investment further away from local stations at the very moment we need more resources to sustain local journalism.

Make no mistake, NAB is fighting every day in Washington to ensure broadcasters have the scale to compete with national and global behemoths, to invest in newsrooms and local programming, to innovate and deliver freely available content to every American - whether on a television, radio, smartphone or car dashboard.

But all of that is futile if we cannot fulfill our most sacred responsibility: reporting to our communities without fear of government retribution.

That is why this week's celebration of First Amendment Day is not just symbolic. It is a reminder that the ability of local broadcasters to speak without fear of intimidation or interference is essential for the health of our democracy. NAB will continue to defend that freedom - publicly when necessary, and privately when most effective.

Because without it, everything else falls away.