Constitutional law expert Alan Dershowitz told Newsmax on Friday that he doesn’t think late-night host Jimmy Kimmel would have a case if he decided to sue ABC for suspending his show “Jimmy Kimmel Live!” indefinitely.
“They would have to prove that the decision was made entirely by the government, not by ABC,” Dershowitz said on “American Agenda.” “ABC, after all, is the holder of the First Amendment, not Kimmel. Kimmel works for ABC. ABC is the one who has the First Amendment right to decide who should be on and who shouldn’t be on. Kimmel is just a person who implements ABC’s decision. Again, like The New York Times. It’s The New York Times, according to New York Times v. Sullivan, which has the First Amendment right. The op-ed writer is assigned by The New York Times. If The New York Times doesn’t want to, that’s not a violation of the First Amendment.”
ABC announced it was pulling Kimmel’s show indefinitely on Wednesday following comments he made about the assassination of conservative leader Charlie Kirk. Earlier on Wednesday, Federal Communications Commission Chair Brendan Carr had urged local broadcasters to stop airing the show on ABC, which is owned by Disney.
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