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Jimmy Kimmel, Free Speech and Late Night Comedy

Jimmy Kimmel, Free Speech and Late Night Comedy

As a conservative, I am a proponent of free speech as a constitutional right and a concept.  In fact, I have often described myself as a free speech extremist (non-violent, of course).  I also believe in free-market capitalism – and I am especially supportive of limited government.  All three of those issues are in the political blender as the nation addresses the issues of free speech, cancel culture and Jimmy Kimmel.

I am not a fan of Jimmy Kimmel.  If I owned ABC, I would have fired him – and kept him fired.  It would be primarily a business decision.  First there is the issue of ratings – especially compared to the competition.   And he is losing money for the network.

Ratings=Dollars

Kimmel is anemic, to say the least — but not the worst.  That dubious honor goes to CBS’s Jimmy Fallon.  Prior to his offensive comment about Charlie Kirk’s killer, Kimmel was drawing in approximately 1.77 million viewers a night (220,000 of the all-important 18 to 49 demographic).  He is in third place to NBC’s Stephen Colbert, with 2.42 million viewers, but ahead of Colbert in the key demographic.  Colbert pulls in 219,000 (okay, essentially a tie).  Fallon languishes in fourth place with 1.19 million viewers (157,000 in the key demographic).

(Oh yeah!  The king of nighttime comedy is, and has been, FOX’s Greg Gutfeld with an average of 3.29 million viewers of 238,000 in the key demographic.  Even though he leans right, I am not a fan.  His humor is too sophomoric frat-house, vulgar and repetitious.  Too many body waste jokes.  He admits that he only reads the jokes for the first time on air – jokes written by seemingly immature writers.  But I digress.)

What would concern me as an owner is the fact that Johnny Carson was pulling in 17 million viewers a night at his peak – in the same time slot and with a smaller population.  (Yes, I do understand that today’s audiences have a lot more options and competition, but that is not the whole story behind the decline of the late night jokesters.  The shift to one-sided political content is a significant factor.)

Late night comedy is a dying art-form.  Their material is stale and increasingly unpopular with the market.  Both Sinclair Broadcast Group and Nexstar Media Group–which own 20 percent of the ABC local affiliates – initially resisted reinstating Kimmel based on a lack of viewer enthusiasm.  Whether it is just the general material or the far left-wing bent does not matter.  They apparently saw better and more profitable uses of the time slot.

The broadcast so-called comedians – ABC, CBS and NBC — seem to have become more expensive than the market can bear.  The only profitable show in that category is on cable, “Gutfeld”.  The other guys are losing money for their companies – by the millions.

Free Speech and Owner Rights

There can be no question that Kimmel has a constitutional right to say whatever he likes.  That is basic.  But where he says it does matter.  Businesses have a right to limit speech of employees while on duty – and even off duty in some cases.  If some activist waiter in a restaurant starts giving a loud political harangue — or any other kind – the owner has a right to force the culprit’s removal and even fire him or her.  Same for a customer.  The right of the owner exceeds a person’s First Amendment right.  We are also not allowed to use speech to incite riots, create a nuisance or to slander.  That wonderful First Amendment does have its limits.

Kimmel’s transgression was saying something that was offensive and untrue.  He had proffered a mendacious political narrative – intimating that Kirk’s killer was MAGA despite all evidence and testimony to the contrary.  It was not part of a joke, but an affirmative biased political statement of the type that has been taking over late night comedy.

That alone, however, is not likely to have caused Kimmel’s show to be suspended. The criticism of his routine over years has been cumulative. Tie that to the loss of viewers and income, and a prudent business – with a fiduciary duty to stockholders – will see the need for a change.

Government Intervention.

The Kimmel situation is complicated by the appearance – if not the reality – of government intervention.  Suspending Kimmel and reinstating him was a matter of business decisions.  Neither the White House nor the Federal Communications Commission (FCC) fired him.  That is a fact.  But (ß another BIG butt), did the federal government apply undue pressure or influence?  As in the case of NBC and Colbert, there is a major merger deal pending that needs the approval of the FCC.  There is also a merger deal in the background of the Kimmel case.

I do not believe that the mergers were the reason for firing Colbert and suspending Kimmel, but it is not unreasonable to say they were a factor.  How much of a factor, we do not know.  That opinion seems to depend on the political orientation of the person doing the opining.

But based on comments by Trump and FCC Chairman Brendan Carr, there may have been untoward political pressure being brought to bear.  Trump’s oft-stated opinions and threats of legal actions were largely inappropriate.  Carr’s “easy way or hard way” statement was maladroit and easily taken as an inappropriate threat of government interference. 

Revoking a license is not easy and rarely done.  In a pushback to the racist policies in the old solid Democrat southland in the 1960s, WLBT in Jackson, Mississippi had its license pulled for refusing to air coverage of the civil rights movement – not even allowing Blacks on the air.

It is more common for operators to voluntarily surrender their licenses – usually for economic reasons.  In other words, sinking into insolvency.  WQVC-CD (a Class A digital television station) in Greenville, South Carolina, surrendered its license in 2021.  KZNO-TV in Twin Falls, Idaho, handed in its license in 2022.  As did WNEX-AM in Macon, Georgia, in 2023.  All for financial reasons.

While broadcast licenses are held as long as the recipients adhere to the ill-defined rules of fairness and the public interest, any transgressions should be far more serious and far less controversial than the current situation.  I do not personally believe what Kimmel has said over time (as much as I disagree) is sufficiently serious to trigger FCC action – not even his highly-charged inaccurate description of the shooter.   The only influence to bring to bear should be the market.

I would have taken him off the air for a week and had him apologize.  I would have issued a statement rebuking and correcting what he said.  No termination on the basis of what he said, but I would have terminated him based on the fact that he was a money loser for the station.  If I were the boss, Kimmel would have been gone long before his lie about the shooter.

This should be a matter for the market – the viewers.  The late night comedians have been losing market for years.  Like any businesses losing customers, they will either change the trajectory or go out of business.  That is how it works in a nation with free speech and free markets.  While the broadcast networks have been losing revenue for years, none of them are on the precipice of financial collapse – at least not yet.  But cuts will have to be made – and are being made — across the industry.  MSNBC chopped $10 million off of the highly overpaid Rachel Maddow.

The decision should be made on ratings, financial losses without the government interference or pressure except in the most serious and extreme circumstances in which the actions are a significant assault on the Constitution.

So, there ‘tis.

About The Author

Larry Horist

So, there ‘tis… The opinions, perspectives and analyses of businessman, conservative writer and political strategist Larry Horist. Larry has an extensive background in economics and public policy. For more than 40 years, he ran his own Chicago based consulting firm. His clients included such conservative icons as Steve Forbes and Milton Friedman. He has served as a consultant to the Nixon White House and travelled the country as a spokesman for President Reagan’s economic reforms. Larry professional emphasis has been on civil rights and education. He was consultant to both the Chicago and the Detroit boards of education, the Educational Choice Foundation, the Chicago Teachers Academy and the Chicago Academy for the Performing Arts. Larry has testified as an expert witness before numerous legislative bodies, including the U. S. Congress, and has lectured at colleges and universities, including Harvard, Northwestern and DePaul. He served as Executive Director of the City Club of Chicago, where he led a successful two-year campaign to save the historic Chicago Theatre from the wrecking ball. Larry has been a guest on hundreds of public affairs talk shows, and hosted his own program, “Chicago In Sight,” on WIND radio. An award-winning debater, his insightful and sometimes controversial commentaries have appeared on the editorial pages of newspapers across the nation. He is praised by audiences for his style, substance and sense of humor. Larry retired from his consulting business to devote his time to writing. His books include a humorous look at collecting, “The Acrapulators’ Guide”, and a more serious history of the Democratic Party’s role in de facto institutional racism, “Who Put Blacks in That PLACE? -- The Long Sad History of the Democratic Party’s Oppression of Black Americans ... to This Day”. Larry currently lives in Boca Raton, Florida.

11 Comments

  1. Mike f

    Larry, What exactly do you think was a ‘lie’ that Kimmel said that got him pulled for a week? Because the trump administration was turning somersaults pointing fingers at folks on the left. And yes, it is possible that the shooter didn’t like Kirk saying that transgender people were pointing the middle finger at god-but even that is not proven. And then there is trumps head of the FCC saying ‘we can either do this the easy way or the hard way’ with reference to kimmel’s firing. Another post that paints you as a total fool, and divisive as ever…

    • Larry Horist

      Mikef. I wish I could write this in crayon for you. The shooter was a left wing activist according to the police accounts and evidence. Kimmel tried to pin him as a MAGA guy. That is a huge lie. Get it? You know Mike, you hatred or Trump, conservatives and me makes you stupid. Keep it up, old man. You are always good for a mocking laugh. LMAO

      • Mike f

        Larry, You sure like to say stupid stuff, but that’s what you are paid to do, right? The shooter is not talking. He apparently has a relationship with a transgender person. He came from a fairly right wing family. Jimmy said that the trump administration was jumping through hoops trying to paint him as a leftist-for which he has not apologized because it is true. That is all we really know about this issue, despite your claims. The right wing went crazy over this (yourself included). Kimmel did not lie, and we don’t actually know much about the shooter. Stick to the facts and stop trying to spin up the few people who still read your garbage-you’ll have a lot more credibility and you won’t hear from me…

        • Larry Horist

          Mikef … You are doubling down on stupid. LOL By all accounts … the shooters own writings and history, the statement of his parents, the findings of law enforcement and the fact that he chose to kill a conservative icon … are overwhelming evidence of his left-wing philosophy. Those are the FACTS. To say his parents were conservatives is a idiots arguments. LOL Kids do not always emulate their parents. Duh. You extreme political views make you immune to facts, objectivity and reason. You parrot false narratives and propaganda with out intellectual review. I have challenged you and others of your kind, to name five things that Trump has done that you like. Crickets. I have strongly disagreed with Trump and criticized his personality, But gags you to say anything good about his work. That is proof you are just a captive of your own extreme hatred. You cannot be objective. Just insults and bs. And that makes many of your stated opinions not only wrong, but stupid. You credibility sucks. I only hope that you have enough sanity to know when you are full of crap — and say such things out of extreme bias.

          • frank danger

            LarryH: Let me speak to you in a manner you might understand: you are doubling down on stupid. Your extreme political views make you immune to facts, objectivity and reason. You parrot false narratives and propaganda without intellectual review. You call me a liar. I have challenged you and others of your kind, to name the lies. Crickets. Just insults and bs. And that makes many of your stated opinions not only wrong, but stupid. Stupid, stupid, stupid. Your credibility sucks. Sucks dog dicks in hell. On a dark day. I only hope that you have enough sanity to know that you are full of crap — and say such things out of extreme bias.

            His parents are Republicans; you say: “To say his parents were conservatives is a idiots arguments. LOL Kids do not always emulate their parents.” Son, why you deny science and statistics boggles what little mind I have left. But even a total idiot shitfaced on Jack Daniels knows how to look: “A 2023 Pew Research Center study found a strong correlation between teenagers’ and their parents’ political affiliations: Republican parents: 81% of teens of parents who identify as Republican or lean Republican also identify or lean toward the Republican Party. Democratic parents: 89% of teens of parents who identify as Democrat or lean Democratic also identify or lean toward the Democratic Party.” You are correct in your ASSumption, however the vast, overwhelming, preponderance majority of BOTH our MAJOR parties DO INDEED follow their parents in politics. Only a stupid dunderhead fuckface fool would say different. Especially with no more support than himself.

            NO DUH

            Name five things Trump did that are good? Because year’s ago, before the second election even, I gave you that list. Obviously, The Abrahams Accords hit the list. You can use Joe’s most excellent search engine to find the rest. FYI: given the GAZA peace proposal where Hamas gives up, Isreal does not, and Trump will rule GAZA politically and economically, gives one pause to consider The Abrahams Accords. If I tighten my tin foil hat that someone like Larry gave me, I can even see The Abrahams Accord as a precursor to this peace agreement as If the plan all along. After all, Trump showed his previous 21-point plan to the Arabs first, now it’s a 20-point plan that Isreal helped craft forced upon Hamas who has zero input. That’s not a peace accord, that’s a surrender agreement.

            Recently, I noted that Trump’s peace proposals almost look like the work of a serious, adult, global politician. More on that later. That easily gets to five good things in this term. And today, until it blows up, Trump and Pfizer pushed Trumprx which could be a real winner once we cut through the marketing and see the meat of the matter. FYI, I bought Pfizer big time three days ago. Wonder if Trump and friends bought some too. I did not have a heads up like them though. Up 5% in three days, may put a sell limit tomorrow since no ex-date announced yet. So far, Trumprx has no holes, and looks like a fabulous win for Trump and America.

            So, give it a break. A number of us liberals have praised aspects of Trump’s actions. Not his authoritarian agenda. Not his racist politics. And certainly not his lack of character, of which he has little, if any. I mean did you see the Schumer/Jeffries AI-vid? Did you hear his political rally for the Generals? Are you calling us vermin and human scum? We have the same rights as you, we are not subhuman as our President tells us we are, and you enable and seem to endorse. Come on man, if a woman wants to grow a beard, let her serve for Christ’s sake. Afterall, Jesus sported a beard. J.E.B. Stuart had a great beard and was our greatest warrior on horseback. Our ancestor chased him at Gettysburg. Hancock had one, actually most of West Point had them and it was called a civil war. The word sideburns comes from Burn Sides.

            Sorry, like the 60’s, I’m going to let my freak-flag fly. And this time, it’s a rainbow.

            More current, Brigadier General Robin Olds was famous for his “majestic mustache,” which he wore throughout his career in both World War II and Vietnam. Triple ace and total hardcore unconventional. And you want to fire this guy. There’s plenty like him.

            FYI: beards were common before gas and chemicals forced gasmasks which force clean shaven. If you’re not facing the gas, why face the razor? You guys with your conformance. Little blue suits, white shirts, red ties —- fucking uniforms and conformance, loyalty oaths, non-disclosures, lack of transparency, march in lock step, take a knee, the founders are a spinning in their graves.

            Bottom line: this guy was raised a Republican with a love of guns, hunting, and the 2A and all that that entails. I doubt he was a Republican anymore, if ever. A smart guy, scholarship I think, but something happened that first year of college, he dropped out, was three years into a 4-year electrical school, roomed/loved a guy going trans, and seemed to develop frustrations over those picking on and poking at trans. Like Kirk. Pretty sure that’s where we are at until more info comes out, but sure sounds like raised a Republican, became radicalized against what he saw as trans-haters, and did his deed not from either right wing or left wind ideologies, but perhaps love? Sounds pretty off balance to me, not ideological.

            “”I had enough of his hatred” were some of his last lines to his partner. I think that says as much as we know about his politics at the current time.

            Now the Mormon church murderer and the NC boat-bar shooter —- Definite MAGA types.

            Hope these facts help clarify what is known so far, however, I do expect the story to change, but pretty doubtful that we will end up seeing this as ideology based, beyond an attack on trans hate.

        • frank danger

          Update: PFE went up another 5% overnight; I put my limit sale in at 10% profit, minimum, with an upside IF the stock continues to rise. I’M GOING TO DISNEY. with the entire family. perhaps a townhouse. on campus. thank you Donald J. Trump. (I told you guys, don’t play the market, play Trump, he signals many of the winners and losers before he takes actions). Ten percent profit in four days, on top of another ten percent for same equity in past three months —– Guess I will get a rental car at Disney too….

          Or skip Disney and buy ONE steak dinner for the family……. Freaking 16 oz cheap Strip is $20. A family steak, really good one, just $100 if you cook it yourself. Ouch. Guess only Trump’s can eat steak now.. MAHA, not MAGA.

  2. frank danger

    IMO, not that that matters, one of your better, more newsworthy stories, without your usual mendacious (to cop one of your favorite adjectives) moaning about liberals as the root of all evil ever since the garden of Eden.

    Your fascination with ratings is interesting; however while you are not a fan of Kimmel, Kimmel has never heard of you (and I am way down that list from you :>). FYI: his ratings on Tuesday pretty good, and will probably crater back to where he was any day now. I agree, he blew it, his apology was late and lackluster, IMO.

    Yes, Late Night is on the ropes, has been, damn those streaming channels and dvr’s. I watch John Stewart late night now, tyvm dvr. And I agree, they all suck. Stevie Colbert too subtle and droll. Jimmie F. just silly. And Kimmel: never saw him, never will. Hey, what about Seth Myers…. Will they ever learn?

    But Gutfeld, comedy? Yech, but OK. He’s at 10pm now, they already booted him from late night except for dvr I agree, body humor is a low form of the art, fart jokes is what I call them. I’ve caught five minutes of this guy and have a bit of vomit in my mouth.

    Good story and hell with late night, I can stream. So stream I do, and for my comedic political news, John Stewart still good, but the rest of his week without him, meh. Hell with FOX, MSNBC, CNN, and the rest —– what I want is live, real, by the rules, open debate. Let’s get it on, with the facts, calling out the liars, and discuss the issues, plans, and programs. Might be better than wrestling and more honest. Then we’ll see who has balls and brains. Get Joe, or whatever his real name is, to pitch a new TV debate show. He can call it Punching Bag News Views. Set up is easy: a real debate.

    FYI, on the quote, and the firing, and your comments that what they say is the reason, probably is not the only reason, if even the reason. Seen it, felt it, been there. In my youth, desiring to be “famous” in my industry, this young consultant found an opportunity to leverage a new product introduction. They prelim-ed it with us, at the advice of my mentor, I had been becoming press-worthy to build business, personal stature, press relationships, and I saw the opportunity, with their blessing, to “leak” the intro materials to the press betting on better coverage. They went for it. I did the deed and not only got the top billing in top industry rag, but three others, all knowing they all had it so better go quick, go hard. The results were beyond belief —– we took top spot even knocking AT&T’s major introduction to second place. Next thing I know I am getting a call to stop, lawyers are talking injunction against the rags, lawyer talking owning my company, my consulting CEO is calling me on the carpet, and I am laughing my head off saying: “dude, these press guys are drinking jolt cola, smoking cigarettes (you could do that then), and having the time of their lives like real journalists for once. Nothing’s gonna happen. And it did not.

    Then I get a call from my source that leaked my leak who said they just fired the entire management division, like 25 people.
    Turned out it was a division of a major corporation with a corporate rollout across divisions and corporate pr was pissed, marketing wanted heads. Oooops. My guy really fucked up, didn’t tell his boss, didn’t realize he was part of a corporation. I felt like I wanted to quit terrible. My father issued similar words to Larry’s conclusion: “frank, trust me, there was a lot of other stuff going on there, you were not the reason.” Felt a little better, but quit shortly thereafter to join the very company I had put in second place in the rags. Ironic, ain’t it? And at least the upper levels and my source landed in better jobs. And the rest of the division was sold within a year. Seems they had “other stuff” going on as well. And I did all of that basically for a quote in the story. It was the greatest quote I will ever forget. Good thing I joined another division in AT&T that was not affected. I worked for them a decade later.

    True story with the bottom-line being Larry’s: take these explanations and reasons with a grain of salt. Goes from these explanations to explanations why the economy is shifting up or down. Wherever an agenda is being worked, there’s spin. Even media guys — if is a hot economy, someone is always explaining the pending downturn, and vice-versa. And there is no illegality in lying, and today, no real harm. We don’t even put liars in the penalty box anymore. Today there is no harm in making stuff up. You can even be President and claim 274 FBI guys were in the crowd and instigated the violence on 1/6/2021 and go on without even a peep of recrimination much less an outright shunning over being a major league liar. It’s OK to say anything and get away with it today. And that sucks much worse than anything Kimmel did.

  3. AC

    frank danger, the only redeemable aspect of Larry H’s contribution is that he condescended to reply at all. He has been crickets since his buddy Donald began a dictatorial reign of terror against all but the top ,001percent Americans.
    Larry H. I have been away from PBP for the last couple months due to health issue such as major surgeries. Only recently has my interest recouped sufficiently for PBP’s brand of commentary and this your article somewhat to do with Free Speech. I had to laugh when you used the term mendacious, it’s one of the favorites. But your commentaries are not alone when using this word that just rolls off the tongue. Others, who are more widely published use your favorite word when describing Trump particularly and his cabinet secretaries’ general predilection toward mendacity. For, in Trump’s case the true meaning of that word only partially covers that man’s full ruinous character. Even you, Larry, must have eyes that see Trump”s failure following the Constitution and his rambling incoherent speaking. Don’t you have ears that hear him misrepresent the facts and fire the federal employees who are experts in fact generation?
    The accuracy of these numbers are critical for others’ study and reports.
    Polls are a precious resource in your pundit business. Trump’s distrust of polling that does not align as he wishes he discredits as Fake News. Will you use his interpretation of jobs creation or his estimation of America’s economy? His opinion is that America has the “hotest” economy in the world and the best economy of any President in American History.
    Larry, are you on board with Trump as his term hits the 10 month mark. With your history over near 8 decades and most of that time you nurtured a sharp interest in politics, local, state, and federal. The reality can’t escape you that unprecedented in the case of Trump and his presidency is unhealthy for the country’s citizenry, our Democratic Republic, maintaining a modicum of political stability in a world coming apart, and detrimental to Trump himself. Presidents during their term are seen aging at an accelerated rate. Trump is aging at an unprecedented rate while he has been in office. Others are running the affairs of state while he unwittingly signs his signature in sharpie to whatever EO’s happen to be placed in front of him. That no lie! He often must ask an aid what he is signing. Where are all these orders being generated? From the crew that brought you Project 2025, that’s who! You want small government? They will get it for you.
    Herr DJ Trump, all you ever voted for three times. Shame on you, from all of us who love this country the way we had it before Trump appeared.

  4. Ralph Hampton

    Free speech is a smokescreen, a phony argument. Boring, monotonous and offensive leftist diatribe drive away more than 50% of the audience. Johnny Carson and Jay Leno were funny without alienating 50% of the audience. Leftists do not understand business well enough to realize success will be limited if 50% of the potential customers are omitted.

  5. frank danger

    Ralph, fair enough however you do realize that Trump polling, also known as alienation nation, has him underwater on almost ever issue, if not every issue, by record lows? Right?

    Greater than 50% disapprove for: the shutdown and 58% disapprove of his overall job.

    *https://www.cbsnews.com/news/cbs-news-poll-shutdown-trump-democrats-republicans/* One poll, but look around, hard to find a positive poll for Trump on ANY subject.

    There’s also more questions about competency, age, health, as he tends to ramble and digress more and more. Some even wonder if he’s been in hiding since the shutdown. Been canceling events, not taking journalist questions, just some social media inputs that may or may not be him. Strange for Trump to go underground.

    Thus, Horist not writing about ratings anymore.

    • Wesley grose

      The polls show differently. But Dunger lives and breathes communist propaganda