Many people naturally wonder, “I dislike what Kimmel said—but how can regulators threaten TV stations? Isn’t that a free speech violation?” It should be. But because of a 1943 Supreme Court decision, broadcasters operate at the sufferance of the FCC.
The First Amendment generally protects speakers from government coercion. But for reasons the Supreme Court never persuasively explained, broadcasters have junior-varsity First Amendment rights.






