Republican Senator Says First Amendment Shouldn't Be the 'Ultimate Right' - Newsweek

S E E D E D   C O N T E N T

Senator Cynthia Lummis, a Wyoming Republican, told Semafor that the First Amendment, which protects free speech, should no longer be considered the "ultimate right" in America.

Newsweek has reached out to Senator Lummis' press team for comment via email on Friday.

Why It Matters

Lummis' comments come shortly after Jimmy Kimmel's late-night television show was indefinitely suspended over his remarks about Charlie Kirk and the man now charged with his murder. The backlash over Kimmel's comments comes at a moment when America is deeply polarized over free speech.

Kirk's assassination on September 10 has become a major flash point. Supporters hailed him as a leading conservative voice for young voters and his public killing has fueled a broader fight over free speech, with tributes noting his platform to openly debate and others being terminated from their work due to comments about Kirk.

Trump called out the Biden administration in January for having "trampled free speech rights" through censorship, issuing a statement on securing the "right of the American people to engage in constitutionally protected speech." However, over the past few months, First Amendment free-speech protections have been under scrutiny, as the Trump administration has moved to restrict campus speech, review green card applicants' social media, and now, engage with reactions to Kirk's death.

What To Know

ABC suspended Kimmel on Wednesday night amid pressure from the Federal Communications Commission (FCC), a move critics call censorship and Kirk supporters' praise.

The definition of free speech has come under scrutiny in the Trump administration, with Attorney General Pam Bondi saying earlier this week that "there's free speech and then there's hate speech," and pledging to legally target those who cross the boundary.

Senator Lummis told Semafor, "an FCC license, it's not a right. It really is a privilege." She continued, "Under normal times, in normal circumstances, I tend to think that the First Amendment should always be sort of the ultimate right. And that there should be almost no checks and balances on it."

She added, "I don't feel that way anymore. I feel like something's changed culturally. And I think that there needs to be some cognizance that things have changed."

She continued, "We just can't let people call each other those kinds of insane things and then be surprised when politicians get shot and the death threats they are receiving and then trying to get extra money for security."

Others on the right, such as prominent conservative commentator Tucker Carlson said on his show, "People with power don't want to hear disagreement. They don't wanna be challenged ever. That's why we have free speech—to acknowledge that even those of us, people with less power, still have a right to talk because they're human beings. You don't own them."

Meanwhile, Senator Rand Paul, a Kentucky Republican, said on X he didn't have a problem with the premise of Kimmel being fired, but noted, "The FCC should not be involved, however," drawing a line between public pressure and the government's role.

What People Are Saying

President Donald Trump said in a January 20 presidential action: "Over the last 4 years, the previous administration trampled free speech rights by censoring Americans' speech on online platforms, often by exerting substantial coercive pressure on third parties, such as social media companies, to moderate, deplatform, or otherwise suppress speech that the Federal Government did not approve … the Federal Government infringed on the constitutionally protected speech rights of American citizens across the United States in a manner that advanced the Government's preferred narrative about significant matters of public debate. Government censorship of speech is intolerable in a free society."

California Democratic Governor Gavin Newsom, on X Wednesday: "Buying and controlling media platforms. Firing commentators. Canceling shows. These aren't coincidences. It's coordinated. And it's dangerous. The @GOP does not believe in free speech. They are censoring you in real time."

FCC Chairman Brendan Carr, on X Wednesday: "I want to thank Nexstar for doing the right thing. Local broadcasters have an obligation to serve the public interest. While this may be an unprecedented decision, it is important for broadcasters to push back on Disney programming that they determine falls short of community values. I hope that other broadcasters follow Nexstar's lead."

Deputy White House Chief of Staff Taylor Budowich, on X Wednesday: "Welcome to Consequence Culture. Normal, common sense Americans are no longer taking the bull**** and companies like ABC are finally willing to do the right and reasonable thing. MAKE AMERICA GREAT AGAIN!"

Director of the Democracy and Technology Division at the American Civil Liberties Union (ACLU), Christopher Anders, in a statement sent to Newsweek via email Wednesday: "Jimmy Kimmel is the latest target of the Trump administration's unconstitutional plan to silence its critics and control what the American people watch and read. Cowering to threats, ABC and the biggest owner of its affiliate stations gave the Trump FCC chairman exactly what he wanted by suspending Kimmel indefinitely and dropping the show.

"This is beyond McCarthyism. Trump officials are repeatedly abusing their power to stop ideas they don't like, deciding who can speak, write, and even joke. The Trump administration's actions, paired with ABC's capitulation, represent a grave threat to our First Amendment freedoms."

Former Vice President Mike Pence said on Thursday: "The First Amendment though does not protect entertainers who say crass or thoughtless things as Jimmy Kimmel did in the wake of a national tragedy … I would have preferred that the chairman of the FCC had not weighed in."

What Happens Next

FCC Chair Brendan Carr has hinted at further actions against other media companies, telling CNBC that "we're not done yet," and Trump has been vocal in removing comedians who have previously criticized him.