Trump’s Attacks on Kimmel and Comey Undermine Free Speech, Critics Argue

President Donald Trump last week demanded that late-night comedian Jimmy Kimmel be "immediately fired" for a joke about him. The next day, the Justice Department charged former FBI Director James Comey with two federal felonies for posting a photograph of seashells arranged to spell "86 47"—a phrase opposing the president.

These back-to-back actions highlighted a stark contrast between Trump and his predecessors. While presidents have never welcomed criticism, Trump is unusual in routinely using the power of his office to retaliate against those who offend him—a practice that directly contradicts his professed commitment to freedom of speech.

Trump claimed both Kimmel and Comey had threatened his life by inciting violence. However, these assertions are widely disputed. During an April 23 sketch on ABC, Kimmel joked about Melania Trump at the White House Correspondents' Dinner, saying, "Our first lady, Melania, is here. So beautiful. Mrs. Trump, you have a glow like an expectant widow." The joke, while controversial, clearly falls under constitutionally protected speech.

Trump dismissed it as a "despicable call to violence," a claim that lacks credibility. The fact that an assailant attempted to attack the White House Correspondents' Dinner two days later does not alter the meaning of Kimmel’s original remarks.

Given the federal government’s authority over broadcasters, Trump’s call for ABC to remove Kimmel from the air carries significant weight. This became evident last year when FCC Chairman Brendan Carr threatened TV stations with fines and license revocation unless they punished Kimmel for comments about the killer of conservative activist Charlie Kirk. ABC and its affiliates complied by suspending Kimmel’s show—the penalty Carr had advocated.

The day after Trump criticized Kimmel’s joke, the FCC announced an early review of ABC’s broadcast licenses, citing concerns about "unlawful discrimination." This move underscored the potential consequences of crossing the president.

In Comey’s case, the Justice Department is pursuing felony charges against him for posting a phrase—"86 47"—that appears on T-shirts and bumper stickers sold by major retailers. Acting Attorney General Todd Blanche admitted the phrase "is posted constantly" without prior legal consequences. The prosecution hinges on the claim that "86" means "kill," a definition that defies common slang usage and nearly 60 years of Supreme Court rulings on the "true threat" exception to the First Amendment.

Trump’s responses to Kimmel and Comey reflect a broader pattern. He has previously targeted critics, including threatening to deport a foreign student for writing an op-ed and vowing to punish companies that oppose his policies.