Timothy Birdnow

The FCC has strict rules of conduct for what can be said about disasters and crimes. Here are the pertinent restrictions:

1. The statement must be false.
2. The broadcaster must know it’s false or act with reckless disregard for the truth.
3. It must be reasonably foreseeable that broadcasting it will cause harm.
4. There must be actual harm or at least the potential for serious harm.

Jimmy Kimmel arguably violated these criteria. While no actual harm is directly attributable to his statements the social atmosphere is such that Kimmel had to know this had the potential to encourage other radicals to assassinate others.

These are the rules about false information.

Proof of intent is the hard part, but this isn't going to be adjudicated in a court of law - at least not at first. It will be an administrative issue. Yes, ABC could take it to a court, where the Trump Administration would likely lose. But then, ABC would then have opened the door for a closer scrutiny of their affairs.

And all that for a guy who ranks 53rd in the ABC lineup.

Kimmel clearly broke FCC rules according to The Federalist.

I suspect ABC isn't going to the mat for him. But of course he'll wind up on some cable network plying his hate and lies there.

Anyone remember Dan Rather? He got fired for something similar from CBS. Rather promoted the fake story about George W. Bush, claiming falsely Bush hadn't completed his National Guard service. When confrtonted he said "the documents may  be fake but I believe the story is true." CBS sacked Rather rather than face the FCC. You can't purposely lie to the public. Just because you are an alleged comedian (and therre is no proof Kimmel is one - he's a political pundit with a late night show who tells bad jokes) you cannot openly lie, especially about a tragedy such as an assassination. If instead he had made a joke he might have been under fire for poor taste, but he wasn't  joking.

Sacking Kimmel was right and proper and anyone who frames this as a First Amendment issue (ahem - Senator Paul!) doesn't understand the First Amendment.

Posted by: Timothy Birdnow at 07:08 AM | No Comments | Add Comment
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