It’s a frontal attack on the one element of our social contract that nearly everyone, from left to right, agrees on and values more than anything: freedom of speech. The delegates to the Constitutional Convention in the summer of 1787 decided against including a Bill of Rights, confident that everyone would understand that the federal government would exercise only the powers enumerated in the document itself. But many critics, mostly those known as the anti-Federalists, insisted that that wasn’t enough. They said: Add a list of specifically enumerated rights, or we’re not ratifying.
There was never any question as to which right would be enumerated first. The First Amendment concerns both religion and speech, but over the centuries, freedom of worship has grown less contested, and it has been the cause of free speech rights for which people have fought and gone to prison. Historically, most attempts to suppress speech have come from those in power trying to silence various forms of protest or dissent (hence, from the right, generally speaking). Recent years have seen the emergence of a small but vocal anti–free speech left, whose presence is mostly limited to social media and college campuses, and which is about to make Bari Weiss a very rich woman.
But abstract ideas last only as long as those who have power—political and financial power—agree that they should last. James Madison couldn’t have contemplated Donald Trump. And he never would have imagined Perry Sook and Chris Ripley.
Sook is the CEO of Nexstar Media Group. He started the company in the 1990s with one local television station, in Scranton, Pennsylvania. Today, Nexstar owns 197 stations. It also operates NewsNation, the cable news channel trying to compete with Fox, CNN, and MSNBC. NewsNation is where disgraced CNN anchor Chris Cuomo landed, and its “talent” is somewhat ideologically mixed. But Sook, 66, has dropped broad hints in past interviews about his own leanings. Last November, he expressed the hope that “fact-based journalism will come back into vogue, as well as eliminating the level of activist journalism out there.” You might think that by “activist journalism,” he means, you know, the cable news network that paid a $787 million settlement to a private company to avoid being forced to admit that it told lies about the 2020 election. But you’d be wrong. On Wednesday, he showed us what and who he means by “activist journalism”: Jimmy Kimmel, over one comment that right-wing social media went to town on.
These kinds of regulations go back to the 1920s, when radio first hit the scene, and they were designed to make sure that Americans heard a range of voices. No one on either end of the political spectrum challenged them for decades. In the late 1960s, a Pennsylvania right-wing radio preacher (why is it always people like this?) went on air to smear a local journalist who had attacked Barry Goldwater. The matter went up to the Supreme Court, which held—unanimously, left to right—that the FCC’s Fairness Doctrine was consistent with the First Amendment: That is, the court said, yes, the exposure to opposing viewpoints was an essential part of democracy.
Right now, Sook awaits FCC approval of a merger that will allow Nexstar to be in more than 39 percent of American homes. And Sinclair wants to grow and grow. And that is what happened Wednesday night. Sook announced that his 32 ABC stations would not broadcast Kimmel’s show. Sinclair, with its 30 ABC affiliates, made a similar announcement shortly thereafter. And ABC—or really, Disney—caved.
But she is not in the White House. Donald Trump is. And a right-wing hero was just assassinated. Trump and his movement will use Charlie Kirk’s murder to justify any number of unconstitutional and illegal actions. And it filters down from them. Clemson University has fired five faculty and administrators. Teachers are losing their jobs over their social media posts about Kirk. And it sure isn’t Trump firing them. He has created an atmosphere of fear that many, many others on down the right-wing food chain, from Sook and Ripley to local school administrators, will zealously enforce.
If you’re terrified of where all this may end, you are right to be. Stephen Colbert is gone; Kimmel, possibly gone for good (I hope not). CBS is becoming conservative. Skydance, the company handing CBS to Bari Weiss, may be about to take over CNN. The Washington Post is cracking up. The New York Times faces another one of Trump’s $15 billion lawsuits. In this next year or two, we may well be counting on the Times to do what CBS and ABC have refused to do and fight this battle to the bitter end.
I wish that language had remained—it’s clearer and more emphatic, especially that “inviolable” part. It might have stiffened the backs of the people we’re going to be counting on to preserve free speech in this country and made it harder for right-wing federal judges to chip away at these rights. It would not, alas, make any difference to tyrants, and as of Wednesday night, it’s clearer than it ever was before that tyranny is where we’re headed.
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