Written By: Jawad Kasimi
The conservative activist Charlie Kirk’s assassination on September 10, 2025, has started a fierce debate about the principles and limits of freedom of speech in America. Kirk, who was the founder of the organization Turning Point USA, was a big advocate of freedom of speech under the First Amendment. Kirk often tweeted on X, a social media platform, that even “ugly,” “gross,” and “evil” speech is protected by the First Amendment. Kirk’s death, however, did not lead to a unified defense of freedom of speech. Rather, it has exposed deep ideological divisions and triggered a wave of reactions that threaten to undermine the very principles Kirk once fiercely advocated for.
Private Firings and Suspensions
In the days after Kirk’s assassination, some individuals made offensive comments or praised his killing online. This led to private companies, including airlines, universities, and media organizations, firing or suspending employees for their posts about Kirk’s assassination. Some of the private sector firings included a Phoenix sports reporter who was terminated after calling Kirk a “bigot,” and MSNBC, a cable channel, terminated a commentator for suggesting “Kirk’s rhetoric had contributed to an atmosphere of hate.” These private firings were lawful since the First Amendment only protects citizens from government interference, not from punitive action taken by private employers. Although no violation of freedom of speech occurred, these incidents raise broader questions about the scope of free speech in the workplace.
Government Encouragement of Firings
The situation became more concerning when government officials actively encouraged these firings. One of the encouragements came from the Vice President, JD Vance, who urged listeners of Kirk’s podcast to “call their employer” if they saw anyone celebrating Kirk’s assassination. Sean Duffy, the Transportation Secretary, publicly pressured airlines to not just suspend but fire employees who had posted offensive posts. Attorney General Pam Bondi initially mentioned that the government would “absolutely target you, go after you, if you are targeting anyone with hate speech,” a remark that went against the Supreme Court’s repeated rulings that the First Amendment protects hate speech. After her initial statement, she tweeted on X that “hate speech that crosses the line into threats of violence is NOT protected.”
The Jimmy Kimmel Incident
One prominent example of government pressure involved comedian Jimmy Kimmel, who appears on Jimmy Kimmel Live! on the ABC network. Kimmel, on his show, suggested that MAGA figures were cynically spinning Charlie Kirk’s murder for political gain and criticized President Trump’s response to Kirk’s death. After Kimmel’s comments, Federal Communications Commission (FCC) Chairman Brendan Carr suggested that ABC could face regulatory action. He urged that the network should take action against Kimmel. Soon after, ABC announced that it would suspend airing Jimmy Kimmel Live! indefinitely. The decision drew widespread criticism as an instance of “jawboning,” in which the government leverages its influence to pressure private entities into suppressing speech. FCC Commissioner Anna Gomez, the commission’s sole Democrat, condemned the move as a “dangerous new precedent” and argued that the government was suppressing lawful expression merely because it “reflects views they oppose.”
Legal Experts’ Take on Free Speech
Legal experts across the political spectrum stress that the First Amendment protects even offensive and hateful speech. Republican Senator Ted Cruz stated, “The First Amendment absolutely protects speech… It absolutely protects hate speech. It protects vile speech. It protects horrible speech.” This view was echoed by Eugene Volokh, a leading First Amendment scholar and UCLA law professor, who observed that although celebrating a death may be in poor taste, it is nonetheless protected by the First Amendment. Some prominent conservatives, including Matt Walsh, expressed frustration by calling for Pam Bondi’s removal after she claimed that hate speech is not protected by the First Amendment.
Future Outlook
Ultimately, the response to Kirk’s assassination highlights a crucial truth: freedom of speech is most vulnerable in moments of crisis, when emotions run high. The government’s attempts to silence criticism and private companies’ readiness to terminate workers for their views have the combined effect of suppressing free speech. Kirk’s legacy should be preserved by a renewed dedication to the values he once promoted, which include defending all speech, regardless of how controversial it may be, and renouncing the desire to use private or governmental pressure to silence others. According to the Cato Institute, the solution to offensive speech is not censorship but more speech. Allowing society to confront and overcome division through open dialogue.
Sources
Americans Must Remain Committed to Free Expression After the Assassination of Charlie Kirk, Cato Institute (Sept. 2025), https://www.cato.org/blog/americans-must-remain-committed-free-expression-after-assassination-charlie-kirk.
Cruz Says First Amendment “Absolutely Protects” Hate Speech in Wake of Charlie Kirk Killing, Politico (Sept. 16, 2025), https://www.politico.com/news/2025/09/16/cruz-says-first-amendment-absolutely-protects-hate-speech-in-wake-of-charlie-kirk-killing-00566448.
Charlie Kirk Workers & Free Speech, Cronkite News (Sept. 17, 2025), https://cronkitenews.azpbs.org/2025/09/17/charlie-kirk-workers-free-speech/
Does Jimmy Kimmel’s Removal Over Charlie Kirk Violate Freedom of Speech?, Al Jazeera (Sept. 19, 2025), https://www.aljazeera.com/news/2025/9/19/does-jimmy-kimmels-removal-over-charlie-kirk-violate-freedom-of-speech.
Kimmel ABC Carr FCC Jawboning, NPR (Sept. 18, 2025), https://www.npr.org/2025/09/18/nx-s1-5545720/kimmel-abc-carr-fcc-jawboning.
Kimmel Suspension, Charlie Kirk, Death & Free Speech Censorship, NPR (Sept. 18, 2025), https://www.npr.org/2025/09/18/nx-s1-5545671/kimmel-suspension-charlie-kirk-death-free-speech-censorship.
Major First Amendment Issues Raised Following Charlie Kirk’s Assassination: FAQs Answered, Freedom Forum (Sept. 2025), https://www.freedomforum.org/charlie-kirk-first-amendment/.
Trump, Charlie Kirk & Free Speech / First Amendment, CBS News, https://www.cbsnews.com/news/trump-charlie-kirk-free-speech-first-amendment/.