SAN DIEGO (KGTV) — The recent move to take Jimmy Kimmel off the air indefinitely has triggered a national debate about free speech protections in the United States, raising questions about what the First Amendment does and doesn't cover.
The First Amendment to the Constitution protects Americans' right to speak freely without government interference or censorship. This protection extends even to speech that many find objectionable.
"Even words that are onerous, hateful, ugly, and that there is at least a constitutional right to say what you believe and what you think," said Neil Brown, president of the Poynter Institute, an independent, non-profit, non-partisan organization dedicated to supporting journalists.
However, Brown explains that free speech protections do have some limits. The First Amendment doesn't protect defamation, incitement to violence, or obscenity.
"You can't mischievously or think it's a fun prank to yell fire or bomb or shooter in this day and age, and have people running for the aisles, hurting each other, scared out of their wits. That would not be protected speech," Brown said.
The First Amendment doesn't protect employees from being fired by private companies for things they say, whether on or off the clock. This applies to content on TV shows like Kimmel's.
"Private companies are accountable for the content that they put out or the product that they put out and if the audience doesn't like it, they have a they have completely within their rights to decide to change it, to do it differently, or to not do it at all," Brown said.
Despite the controversy, Brown thinks the current debate over free speech is beneficial for American democracy.
"This is actually a healthy conversation I do believe our democracy rests on being able to exchange these differences of opinion, not cancel each other out," Brown said.
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