When Jimmy Kimmel joked about the death of Charlie Kirk, it was not an exercise in constitutional free speech. It was the speech of an employee, paid by ABC, which Disney owns. And in business, every action has costs.
Free Speech vs. Employment
Much of the public debate has been clouded by a fundamental misunderstanding. Many are framing Jimmy Kimmel’s suspension as an “attack on free speech.” That is simply not true — and misrepresenting it that way does the community a disservice.
The First Amendment protects citizens from government censorship. It prevents Washington from arresting you for criticizing elected officials or banning you from publishing opinions. But it does not guarantee anyone a nationally televised platform, nor does it shield an employee from consequences at work.
The government did not silence Jimmy Kimmel. He was disciplined by his employer — ABC, owned by Disney — because his words created business liabilities. That distinction matters. Just as an employee at a small business can be fired for insulting customers or violating company policy, so too can a television host be removed when his behavior threatens ratings, advertising, and public trust.
Calling this a “free speech issue” muddies the waters and distracts from the real lesson: this is an employment and business matter. Treating it otherwise not only spreads confusion, but also prevents us from having an honest conversation about accountability in the workplace — whether in a corner store or on late-night television.
The Bottom Line
Charlie Kirk had over 20 million followers. Mocking his death was not only tasteless — it was reckless from a business standpoint. Disney executives had to weigh three immediate risks:
- Declining Viewership: Affiliates who rely on ratings have no incentive to air a show that alienates a large portion of the audience.
- Advertiser Pullback: Sponsors will not risk their brands being associated with remarks seen as cruel or insensitive.
- Regulatory Scrutiny: When the FCC chair publicly criticizes your program, the possibility of hearings or fines becomes a real threat.
Disney had no incentive to keep subsidizing a host whose words jeopardized revenue and long-term trust.
Standards and Morality
There is also a broader cultural question to ask: When did we decide that a television talk show was the proper venue to degrade a man’s death? Disagreeing with someone politically is one thing; mocking their murder is another. Whatever one thinks of Charlie Kirk’s politics, a late-night monologue is not the place to belittle tragedy.
Like any employee, television hosts work under contracts that typically include morals clauses. These clauses exist to protect companies from reputational harm when an employee behaves in a way that shocks the public conscience. Kimmel’s misstep was not merely a lapse in taste — it was a violation of professional responsibility.
The Power of Affiliates
This is the part many observers overlook: Disney doesn’t directly beam ABC into every American living room. That job belongs to local affiliates — hundreds of independently owned stations across the country that sign agreements to carry ABC programming.
For these affiliates, ratings are survival. If a show drives viewers away, the affiliate loses ad revenue, which hurts not only Disney but also the local station’s bottom line. That’s why Nexstar, one of the largest affiliate owners, announced it would pre-empt Jimmy Kimmel Live! “for the foreseeable future.” Sinclair soon followed, demanding an apology and restitution.
Once affiliates rebel, the math is brutal. Without affiliates broadcasting the program, there is:
- No Distribution: The show doesn’t reach households in key markets.
- No Audience: Viewership collapses when stations refuse to carry it.
- No Revenue: Advertisers won’t pay for airtime that never reaches customers.
In other words, once affiliates walk away, the national show is finished. Disney could keep producing Jimmy Kimmel Live! in theory, but with no affiliates to air it, the show becomes a product without shelves — like cereal that supermarkets refuse to stock.
Disney’s Statement
ABC, in a statement on behalf of Disney, confirmed that Jimmy Kimmel Live! would be “pre-empted indefinitely.”While the company did not spell out every factor that went into the decision, the wording made clear that the show was being pulled from the schedule without a set return date. Reports also indicated that Disney executives — including CEO Bob Iger and Disney Entertainment co-chair Dana Walden — met directly with Kimmel to assess the damage, but ultimately concluded the show could not continue under the circumstances.
Economics Over Ideology
Television hosts are not independent truth-tellers standing above the marketplace. They are employees whose worth is measured in audience size and advertising dollars. If they attract viewers, they stay. If they drive people away, they go. The incentives are economic, not ideological.
The Larger Point
The Kimmel affair is not about censorship. It is about accountability. Words have consequences — especially when spoken on national television. No corporation will risk its bottom line to defend a joke that alienates millions, threatens advertising contracts, and invites regulatory scrutiny.
For all the talk about free speech, the real lesson is about responsibility. In the marketplace, speech that builds trust and draws viewers is rewarded. Speech that drives customers, affiliates, and advertisers away is punished. That is not politics. That is business.
