Experts share if Jimmy Kimmel has a case for a suit after being indefinitely suspended for comments made about the death of Charlie Kirk

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Jimmy Kimmel Live! was indefinitely suspended on Wednesday, September 17 after the host, Jimmy Kimmel, made comments on the death of Charlie Kirk, the conservative political commentator. Kirk was fatally shot during a speaking event in Utah on September 10. During his episode on Monday, Jimmy said: “We hit some new lows over the weekend with the MAGA gang 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.” He went on to add that he found President Trump’s reaction to Kirk’s death odd.

ABC‘s decision to suspend Jimmy Kimmel Live! has been widely criticized as an act of censorship. Jimmy’s fellow late night host Stephen Colbert, whose show will conclude in May 2026, told his audience: “I’ll say this for my network. They wouldn’t have done this. Now, regardless of what you think, that has already been done and how that looks, this is weak. This is blatant censorship.”

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The Writers Guild of America has organized multiple protests against ABC’s decision to suspend Jimmy Kimmel

How did the Trump administration react?

After the comments Jimmy made on Monday, September 15, members of the Trump administration argued that his remarks were part of an effort to lie to the American public. Brendan Carr, the head of the Federal Communications Commission told Benny Johnson on The Benny Show podcast that he was looking at “remedies,” and that “we can do this the easy way or the hard way.”

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Jimmy’s first public outing since the decision was on Thursday, September 18

What is the Federal Communications Commission?

The Federal Communications Commission (FCC) is an independent U.S. government agency that works to regulate radio and television. It’s directed by commissioners who are appointed by the U.S. Senate. Along with Brendan Carr, Olivia Trusty, and Anna Gomez serve as commissioners. Currently two of the three commissioners – Brendan and Olivia – belong to the Republican party.

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The former president spoke out in Jimmy’s defense

What is free speech?

The First Amendment to the U.S. Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Over the years, courts have argued that the First Amendment’s protection includes rights against the government pressuring third parties to engage in censorship.

HELLO! spoke with Jim Williams, the Lead Partner at Burnett & Williams, who said: “[ABC‘s decision] certainly has a chilling effect on free speech as losing your job is draconian.” He continued: “The most interesting issue here is whether there was ‘jawboning,’ which is the informal use of power or influence by a government official to pressure a private company to take an action the government cannot legally compel.” Jim explained: “The elements of such a claim are certainly present here, but it’s a high legal bar to prove that as Disney can cite various reasons for its decision besides improper government influence.”

Can Jimmy Kimmel sue?

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Jimmy has won 3 Primetime Emmy Awards for his work on Jimmy Kimmel Live!

When asked what legal claims Jimmy could bring to Disney/ABC, Jim Williams told HELLO!: “It depends on the contract and the state law governing it, and whether there’s an arbitration agreement forcing the case out of any court, which is typical in the entertainment industry.” Jim continued: “We’d need to see the specific clause related to termination and the network’s right to control content.”

Jim explained that Jimmy could bring a wrongful termination suit, if the suspension becomes permanent, adding that “[his suspension] seems to be temporary from the press release, so probably not much Jimmy can do at this point, but wait.” Per Reuters, Jimmy could also sue the FCC for free speech violations, but it would be tough to win. He and his team would have to prove that Brendan Carr coerced ABC to pull him off the air.