Tag: trump first amendment
Kimmel Suspension Exposes Trump Scheme To Seize Total Control Of Media

Kimmel Suspension Exposes Trump Scheme To Seize Total Control Of Media

As with so many of the Trump administration’s excesses, a simple recitation of the events leading to Jimmy Kimmel’s suspension sounds like something out of dystopian fiction. ABC’s Wednesday night announcement that it was putting Jimmy Kimmel Live! on indefinite hiatus in the face of White House threats is the latest sign that U.S. media are increasingly coming under the control of President Donald Trump and his MAGA movement.

Trump had been targeting Kimmel and ABC for months. In the wake of frequent administration critic Stephen Colbert’s July announcement that his late-night show was ending, the president gloated that Kimmel would be “NEXT to go.” Last month, Trump argued that the Federal Communications Commission should revoke the licenses of ABC stations because it broadcasts too many “BAD STORIES” about him and provides “unfair coverage of Republicans.” And on Monday morning, he threatened ABC News reporter Jonathan Karl, saying that Attorney General Pam Bondi might target him and his network for purportedly airing anti-Trump “hate speech.”

Kimmel inaccurately suggested during his Monday night monologue that the alleged killer of Turning Points USA founder Charlie Kirk was part of “the MAGA gang.” Under ordinary circumstances, such a statement could result in a correction and apology. But Kimmel’s remarks occurred in an environment in which Trump and his administration are eager to punish political speech they dislike.

Brendan Carr, the FCC’s Trumpy chair, wielded Kimmel’s monologue as a cudgel against his network during a Tuesday appearance on right-wing influencer Benny Johnson’s show. Carr accused Kimmel of “an intentional effort to mislead the American people” and threatened Disney and ABC’s affiliates with regulatory retribution in response, saying: “We can do this the easy way or the hard way. These companies can find ways to change conduct and take actions on Kimmel, or there's going to be additional work for the FCC ahead.”

He specifically suggested that affiliate networks should tell Disney that they would not run Kimmel’s show “until you straighten this out” and insinuated that they could face “license revocation from the FCC” if they did not.

Carr’s threats appear to be a clear violation of the First Amendment — but that matters only if Disney and the affiliate networks are willing to fight to uphold those rights in court.

Instead, Nexstar Media Group, which needs FCC approval for its proposed purchase of the stations owned by media company Tegna, said its affiliates would immediately preempt Jimmy Kimmel Live! Shortly after, Disney announced that it was putting the show on hiatus. And Sinclair Broadcasting Group, owned by the pro-Trump Smith family, said it would not return Kimmel’s show to its airwaves until ABC committed to “appropriate steps” and called for the late-night host to make a “meaningful personal donation” to Kirk's right-wing political group.

Carr subsequently joined Fox News’ Sean Hannity to take a curtain call and praise Nexstar and Sinclair for following his dictates.

It’s worth pointing out that neither Johnson nor Hannity could operate under Carr’s stated standard — but they had no objections to his statements because they understand that his actual goal is enforcing MAGA political correctness norms by which they already abide.

This capitulation is only the latest sign of increasing MAGA control over the free press

Trump has long benefited from a massive parallel right-wing ecosystem, from Fox News to talk radio to a host of MAGA streamers and influencers. But since Trump won election last fall, more and more of the corporate titans who control the U.S. media have come under his thumb.

When Trump attempted similar extortion tactics during his first term, the heads of media companies and owners of news outlets were willing to fight him in court. But since his election in November, executives at companies like Disney have proved far more willing to bend to his will.

Other news outlets either are owned by businessmen who have become more Trump-friendly (perhaps due to fears of retribution), like The Washington Post and Los Angeles Times, or have been taken over by businessmen with close ties to the president, like CBS News’ new Trump approved-owner David Ellison. More such consolidation is under way, with Ellison seeking to take over CNN and the Trump White House effectively nullifying the law as it tries to broker a deal in which TikTok would be sold to a coalition including companies controlled by his father, Larry Ellison, and fellow pro-Trump magnate Marc Andreessen.

Reporters at those outlets can and have continued to do vital reporting about the Trump administration under those circumstances. But they do so with knowledge that their ultimate bosses will not stand behind them in a pinch.

Other potential corporate targets like Comcast, which Trump has previously threatened over the coverage of NBC and MSNBC, have not yet faced the same level of retaliatory scrutiny. But their day will inevitably come, particularly after Trump and Carr saw how quickly Disney folded in the face of their Kimmel attack.

The New York Times is among the few major news outlets that has no choice but to stand up for its output and a free press because its ownership does not have other substantial business interests. But Trump is targeting them in a different way — this week, he launched a $15 billion defamation lawsuit over reporting that questioned his business acumen.

And in a sign that even regime-aligned owners will face punishment for critical reporting, Trump filed a lawsuit against The Wall Street Journal and its corporate parent’s chairman, Fox founder Rupert Murdoch, seeking $10 billion in damages over the paper’s coverage of his ties to disgraced financier and deceased sex offender Jeffrey Epstein.

Trump’s endgame is clear. He wants to ensure that media outlets don’t produce coverage that criticizes him or his administration, but instead convey an endless stream of propaganda about his accomplishments.

He wants every outlet to be Fox News. And at this rate, he may get it.

Reprinted with permission from Media Matters.

"Remove Trump" protestors

Why Trump Finds No Refuge In The First Amendment

When the mob of Donald Trump fanatics invaded the U.S. Capitol on January 6, one of them carved a vivid message into a door: "Murder the media." So, it is only fitting that the former president's lawyers are defending him in his Senate impeachment trial by claiming the protection of ... the First Amendment. You know, the one that protects the media.

That provision bars the government from "abridging the freedom of speech, or of the press." The framers placed a high value on ensuring that newspapers and pamphleteers could operate without getting permission from the government or anyone else.

But MAGA nation is openly hostile to any journalists who don't champion its cause. At the Capitol, participants harassed, threatened and assaulted reporters. One group of people screamed, "CNN sucks!" as they smashed an Associated Press crew's cameras and other equipment.

The acting U.S. attorney for the District of Columbia, Michael Sherwin, urged anyone with information about these episodes to report it. "We are resolutely committed to upholding the freedoms guaranteed by the First Amendment, including speech, peaceful assembly and press, and we will investigate, prosecute and hold accountable anyone who attempts to obstruct or curtail these freedoms through violence or intimidation," he said.

Violence against journalists is the predictable result of Trump's venomous attacks against anyone daring to broadcast or publish any information casting him in a bad light. He has frequently labeled the press "the enemy of the people."

He persisted in his incendiary rhetoric, even after it proved literally incendiary: In 2018, a Trump-worshipping nut case mailed pipe bombs to CNN's New York office and several prominent Democrats. The bomb maker got a 20-year sentence.

Trump and his cult take the view that the First Amendment should protect their right to say and tweet anything they want — but not the right of news organizations to dispense information refuting their claims.

He even thinks social media firms, notably Twitter and Facebook, should be required to spread his fabrications — more evidence that he has no clue about the First Amendment. It was meant as a check on government, not on private companies, which are free to take a pass on dishonest propaganda.

Trump has long dreamed of using the legal system to bankrupt news organizations. "I'm going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money," he vowed. So, what's stopping him? Oh, right — the First Amendment. The Supreme Court has ruled that it sets a high bar for defamation suits by public figures.

Commentators can't be held liable even for erroneous accusations unless they deliberately lied or showed a "reckless disregard" for the truth. Accurate claims — what Trump has the most reason to fear — are fully protected. If a news organization had indeed published articles about him that were purposely false, it would be at high risk of ruinous judgments. Trump has filed or threatened to file a host of libel suits — but has never won one.

As it happens, you don't necessarily need to change the libel laws to punish vicious smears. The election technology company Smartmatic has filed a $2.7 billion lawsuit against Fox News, three of its anchors, and Trump lawyers Rudy Giuliani and Sidney Powell for an alleged "conspiracy to defame and disparage Smartmatic." The Trumpist network Newsmax reacted to the threat with an on-air admission that various claims about Smartmatic and Dominion Voting Systems were false.

Trump's Senate lawyers advanced the novel argument that his statements inflaming those attending the January 6 rally near the White House are protected by the First Amendment. It is one of the constitutional provisions, they say, that "specifically and intentionally protect unpopular speech from government retaliation." But the Supreme Court has long held that the government may punish speech that "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." A group of 144 legal scholars and lawyers, some of them conservatives, said the argument was "legally frivolous."

Trump and his followers have a tortured relationship with the Constitution. They want it to shield them when they lie and punish critics when they tell the truth. So far, they have been unable to twist the First Amendment to serve their nefarious purposes. That failure is the ultimate vindication of its value.

Steve Chapman blogs at http://www.chicagotribune.com/news/opinion/chapman. Follow him on Twitter @SteveChapman13 or at https://www.facebook.com/stevechapman13. To find out more about Steve Chapman and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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