Democrats were finally outraged this week. No, it was not about the murder of Charlie Kirk, but rather the suspension of Jimmy Kimmel’s late-night comedy show.
Democratic leaders are taking to the airways to denounce the decision to take Kimmel off the air after he spread disinformation about Charlie Kirk’s alleged killer.
The same leaders and pundits who have for years fought for censorship in the name of combating disinformation are now making the very arguments they ridiculed just months ago. Democrats once wrote letters to Internet carriers suggesting that Fox News, the most popular cable news network, should be taken off the air in the name of combating disinformation. That was when the Democrats controlled the White House and were targeting conservatives.
Suddenly, now, disinformation is no longer a valid reason to censor and alleged government-corporate alliances are a menace to free speech.
After the tragedy in Utah, many on the left immediately tried to deflect responsibility for the murder by claiming that Kirk’s killer was actually a Trump supporter. On his show, Kimmel declared that “the MAGA Gang” was “desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it.”
The far-left motivations of the alleged assassin, Tyler Robinson, were already well known. His family confirmed that he had been radicalized with leftist ideology and cited pro-transgender views. This was not even a joke — it was just a false factual claim made by Kimmel on national television. And it came at a time when others were spreading this lie.
Despite stories to the contrary, many repeated the false claim. For example, Harvard Law Professor Laurence Tribe posted that “Kirk’s apparent assassin seems to have been ultra-MAGA, exploding the GOP/MAGA attempt to pin the blame for this tragedy on liberals.” (Previously, Tribe had claimed that the October 2023 massacre of Israelis by Hamas was a “wag-the-dog” operation to distract from corruption allegations against Prime Minister Benjamin Netanyahu).
The disinformation took hold on the Internet and social media. One poll showed that a plurality of Americans think Robinson was a conservative.
Call it assassination denial. It is all the rage. Former MSNBC and ESPN host Keith Olbermann wrote after Kimmel’s suspension, “Burn in hell, Sinclair. Alongside Charlie Kirk.” He added that “nothing [Kimmel] said was untrue.”
Curiously, some of these politicians and pundits are claiming that, yet again, democracy will die if Kimmel is not allowed to spread disinformation. There are reports that Kimmel was refusing to apologize and planned to double down on the attacks on conservatives in his next show. Faced with a revolt by affiliates and a potential exodus of advertisers, Disney’s head, Bob Iger, pulled the plug. (By the way, Kimmel’s ratings had been falling for years, and he had a smaller audience than the Colbert Show, which was itself discontinued due to loss of money).
The hypocrisy was pure comedy. For years, these same voices demanded censorship of individuals deemed to be spreading disinformation, misinformation, and malinformation. The last category was used by the Biden administration to target statements “based on fact, but used out of context to mislead, harm, or manipulate.”
At the same time, they mocked claims that corporations were working with the government to maintain this censorship system.
Sen. Elizabeth Warren (D-Mass.) ran on a pledge to impose new criminal and civil penalties for anyone spreading disinformation. Now, however, censorship is intolerable. Warren told CNN “we know there was federal interference … We saw the government step up and give a hard shove and then we saw a compliant company turn around and suspend Mr. Kimmel.” She added that his collaboration with corporations “truly undermines the whole premise of the First Amendment.”
Sen. Adam Schiff (D-Calif.) called the suspension one of “the most blatant attacks on the free press in American history.” Schiff had previously demanded that Twitter suspend an array of users and “reduce the visibility” of blacklisted individuals — including a journalist who held opposing views. When Elon Musk reduced censorship at X, it was Schiff who warned Facebook not to follow his example by restoring free speech protections. Schiff threatened legislative action if the company moved to “alter or roll back certain misinformation policies.”
This week, Schiff is outraged by a company’s decision to suspend a host who refused to correct a false story he had spread.
For years, I appeared before these same leaders in Congress as they defended corporate censorship and dismissed allegations of collaboration with the government. I would not cancel Kimmel so long as his show was profitable. But I have long maintained that companies can limit the free speech of employees at work. I do not believe Kimmel should be censored on social media for spreading false information. At the same time, ABC does not have to lose money or viewers because an employee attacks others with vile, false claims.
Now Disney is accused of killing democracy itself, in league with Trump. Sen. Chris Murphy (D-Conn.) attacked Trump for “trying to destroy our democracy” and acting like “many would-be despots.” Rep. Maxwell Frost (D-Fla.) used Kimmel’s suspension as evidence that “fascism is not on the way, it is here.”
Minnesota Gov. Tim Walz (D) insisted that suspending a host for spreading false information about a murder was “North Korea-style stuff” while Senate Minority Leader Chuck Schumer (D-N.Y.) insisted that it is “what Putin would do.” It is a curious spin, since Putin and Kim Jong Un value media figures who spread false information — particularly about murders.
Rep. Jamie Raskin (D-Md.) went so far as to compare Kimmel to Thomas Paine, the author of Common Sense and “Penman of the revolution.”
So Kimmel is now a hero of democracy — all he had to do was spread disinformation. That makes this the funniest joke that Kimmel never told.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of the bestselling book “The Indispensable Right: Free Speech in an Age of Rage.”
