“We can do this the easy way or the hard way”. The tone, noted the Wall Street Journal (WSJ) recalled a “New Jersey mob boss.” The tone—the voice if you prefer— was Brendan Carr, the Chairman of the Federal Communications Commission (FCC). Yes, the regulatory agency Chairman has been muscling companies that are either directly or indirectly subject to regulation by the FCC. Those who have displeased the President.
Essentially, Carr was saying to Disney/ABC, you are going to kneel, how do you want to do it? Voluntarily or involuntarily? Or, put it yet another way, “the President and I don’t like what Jimmy Kimmel said on his show so get rid of him”.
The words of both the President and his consigliere were both clear and clearly unconstitutional. The Federal Government is prohibited from suppressing free speech. Full stop. But of course, that might not be tested in the courts because media businesses are fearful that fighting for their rights will cause them to lose money.
But let me point to an even larger problem. The new media landscape features comfort zones. As I have earlier pointed out, many seek out voices that affirm their predisposition. It is a form of self-censorship. They, hard Right or hard Left, do not want to listen to contrary opinions.
The overarching question to those in echo chambers is “how do you know?” What other opinions have you heard? Which ones have you tested? Or maybe, as a practical test, which Republican Party do you follow: the one that supported free trade or the one that now supports tariffs on everybody and everything? The one that elected and revered Ronald Reagan or the one who is his opposite, Donald Trump?
Broadcasters are to be regulated by the FCC in what the law says is the “public interest”. Can it be argued that what the Chairman says is the “public interest”? Or, that the “public interest” is in free speech, a foundational provision in our Constitution?
But the issue at hand, the one with a siren tone is about Jimmy Kimmel and ABC (owned by Disney). I have never watched Jimmy Kimmel, but he is owed something from his employer, Disney, that he will never get—defense of his right to speak. The Mouse has rolled over without a whimper. Maybe, even if it is sub-rosa, Disney could help Kimmel raise money to assert his rights in a court of law. Carr, in his official capacity, has damaged Kimmel.
What I say to the insistent on what is said to be the political Right and their faux conservative leader: if you want to suppress free speech take off your flag pin—you dishonor America.
But let me close with thoughts about the trajectory—the trajectory of President Trump. Mr. President, you are a fan of the art of boxing. Surely you have captured somewhere in your memory that you can’t win by “punching down”. The fighters that are truly revered fought the best and won. If all your detractors are some version of scum, then what have you won? By your definition, you are fighting weaklings.
And regardless of polling demographics and testing, the vast majority of Americans have experienced in one way or another “punching down” in their lives. They didn’t like it and especially when the government was doing the punching. That is why you were elected and why you are on a downward trajectory today.
Generally late night hosts are cotton candy; tempting at times, sweet occasionally but little more. Jimmy Kimmel has the chance to make a bit of history—important history.
Al Sikes is the former Chair of the Federal Communications Commission under George H.W. Bush. Al writes on themes from his book, Culture Leads Leaders Follow published by Koehler Books.
