Freedom of speech is your constitutional right to share thoughts, ideas, and opinions without government punishment: it is fundamental to democracy. Free speech allows governments to hear directly from citizens, prevents authoritarian overreach, and drives innovation through diverse viewpoints.
Leaders like Charlie Kirk exemplified this principle beautifully. Through Turning Point USA, Charlie arguably inspired hundreds of thousands of young Americans to embrace their free speech rights. He gave them the courage to share their conservative values on college campuses nationwide with boldness. As a private organization, Turning Point USA enjoyed complete free speech protections, allowing Charlie and students to express any viewpoint without government oversight.
However, this fundamental right has limits when using public resources that belong to all Americans. Here’s something many Americans may not realize: there’s a massive difference between watching ABC, CBS, NBC, or FOX versus watching CNN, Fox News, or MSNBC when it comes to free speech protections.
When you watch ABC, CBS, NBC, or FOX– or listen to radio — you’re tuning into FCC-licensed broadcasters who serve as “public trustees” of airwaves that belong to all Americans. These broadcasters voluntarily agreed to speech responsibilities in exchange for exclusive broadcast rights. They are required to serve local communities, provide equal time to political candidates, and participate in emergency alerts. They can face serious penalties, including losing their licenses, if they deliberately spread false information during national crises.
Cable networks like CNN, Fox News, and MSNBC operate under entirely different rules. They use private cable systems, not public airwaves, so they have no public trustee obligations. The FCC rules aren’t censorship but a voluntary trade-off broadcast networks accepted for valuable privileges like exclusive frequency rights.
This system recently played out when Jimmy Kimmel made false claims about Charlie Kirk’s assassin on his ABC-licensed show. FCC Chairman Brendan Carr called this “news distortion” that violated broadcast regulations, leading major ABC affiliates like Nexstar and Sinclair to pull the show from their stations. The affiliates demanded that Kimmel apologize to Charlie’s family, but he refused. ABC suspended the show indefinitely. This action by ABC demonstrated the real consequences FCC-licensed broadcasters face. In addition to this, Kimmel’s ratings had been plummeting as viewers grew tired of his partisan rhetoric and changed the channel, creating both regulatory and market pressures.
This approach ensures limited public airwaves serve the public interest rather than just profit or partisan interests. Keep in mind, FCC-licensed broadcasters retain the right to express opinions, but they can not spread false information that misleads the public on public airwaves. In contrast, cable networks, streaming services, and private organizations like Turning Point USA operate with complete free speech protections. You can champion free speech and demand truthfulness on public airwaves simultaneously. It’s not an either-or choice.
By Julie Harris
NFRW President