Following Kimmel Suspension, Attorney General Bonta Stands Up for Free Speech, Urges FCC Chairman Carr to Uphold First Amendment

"The right to free speech is the cornerstone of our democracy"

OAKLAND - California Attorney General Rob Bonta today sent a letter to Federal Communications Commission (FCC) Chairman Brendan Carr strongly opposing his abuse of power and intimidation of television broadcasters - actions that preceded the suspension of comedian Jimmy Kimmel's late-night talk show. In the letter, Attorney General Bonta urges Chairman Carr to stop his campaign of censorship and to fulfill his oath to support and defend the U.S. Constitution, including the right to free speech protected under the First Amendment.

"Censoring and silencing critics because you don't like what they say - be it a comedian, a lawyer, or a peaceful protester - is fundamentally un-American. Censorship stemming from the federal government of the United States is absolutely chilling. The Trump Administration is waging a dangerous attack on those who dare to speak out against it, and last week, that became crystal clear with the suspension of Jimmy Kimmel's late-night show," said Attorney General Bonta. "As a nation, we are stronger when we engage in a robust and diverse public discourse. And for leaders, criticism only makes us better. The use of threats and coercion by a government official to suppress protected speech is unacceptable. Today, I urge FCC Chairman Carr to reverse course, renounce his threats, and use his post to fulfill his obligation to the American people to support and defend the right to free speech protected under the First Amendment."

Following Mr. Kimmel's monologue last Monday, Chairman Carr stated in his capacity as Chairman of the FCC that broadcasters that carry Mr. Kimmel's show "can find ways to change conduct to take actions, frankly on Kimmel, or there's going to be additional work for the FCC ahead," and went on to threaten broadcasters that they could "do this the easy way or the hard way." After these comments, ABC suspended Mr. Kimmel's show. News outlets have reported today that ABC will be returning Mr. Kimmel's show to its broadcast tomorrow night. While it is heartening to see the exercise of free speech ultimately prevail, this does not erase Chairman Carr's threats and the resultant suppression of free speech from this past week or the prospect that these threats will chill free speech in the future.

In the letter, Attorney General Bonta recalls a 2023 statement by Chairman Carr pronouncing that "Censorship is the authoritarian's dream" as well as a previous statement acknowledging that the government should not censor speech that it disfavors:

"Should the government censor speech it doesn't like? Of course not. The FCC does not have a roving mandate to police speech in the name of the 'public interest.'"

- FCC Chairman Carr, 2019

The duty to protect free speech is not something to be cast aside now that Chairman Carr is Chairman of the FCC. Attorney General Bonta goes on to urge Chairman Carr to expressly disavow his earlier threats and, going forward, to commit to the principles of free speech that he himself has previously recognized as vital to our democracy.

As California's top lawyer and law enforcement official, Attorney General Bonta has vocally and vigorously called out the Trump Administration's assault on the rule of law. Earlier this year, Attorney General Bonta, along with 20 other state attorneys general, issued an open letter urging the legal community to stand together in defense of the rule of law in response to President Trump's attacks, which included calls for the impeachment of federal judges and threats of retribution against law firms and attorneys who take or have taken positions in opposition to him or his Administration. Attorney General Bonta also issued a separate statement on the need to speak up and push back when our democratic norms are violated, our legal system undermined, and our laws broken.

In April, Attorney General Bonta filed an amicus brief in support of WilmerHale and Jenner & Block, and a separate amicus brief in support of Susman Godfrey LLP, in their lawsuits against the Trump Administration over its retaliatory executive orders, which target law firms that represent clients or positions it disagrees with. If allowed to take effect, these orders would have made it harder for those the President disfavors to retain counsel, interfering with lawyers' practice of law, chilling free speech in and out of courtrooms, and hindering courts' exercise of the judicial power. Similarly, in March, Attorney General Bonta filed an amicus brief in support of Perkins Coie, a law firm that had been targeted by President Trump for its representation of Hillary Clinton and its diversity, equity, and inclusion policies.

A copy of the letter can be found here.