FIRE Reacts: Comey, Kimmel, ABC & the FCC
From So to Speak: The Free Speech Podcast by FIRE
April 29, 2026 · 54 min
About this episode
The episode discusses the legal implications of the case against James Comey and the FCC's pressure on ABC and Jimmy Kimmel.
We break down the legal case against James Comey over an alleged "true threat" and how far the government can go in prosecuting speech. Plus, we examine renewed FCC pressure on ABC and Jimmy Kimmel. Timestamps: 00:00 Intro 00:57 Does the DOJ have a viable case against James Comey? 04:51 "True threats" and Comey's case 06:36 Threats against U.S. presidents and Watts v. United States 09:55 Was it a mistake for Comey to take down the "8647" seashell image? 11:18 Can the case be dismissed before it goes to trial? 12:38 Can Comey's case be considered a selective prosecution? 13:23 Is the process itself a punishment? 15:29 Could prosecutors face consequences for bringing this case? 18:07 Examples of true threats 20:35 "True threat" versus "incitement to imminent lawless action" 22:53 Is it still a "true threat" if charges come a year later? 24:32 Can Comey recover his legal fees? 25:34 Do threats become more real in the wake of other active threats? 26:32 Does the First Amendment differ for speech about the president? 30:06 What's going on with the FCC and ABC? 34:20 What do NRA v. Vullo and the FCC's calls to fire Jimmy Kimmel have in common? 35:17 Why does broadcast licensing exist…
Topics covered
- legal case
- free speech
- government prosecution
- broadcast regulation
- First Amendment
- true threats
- media influence
Keywords
- James Comey
- true threat
- FCC
- ABC
- First Amendment
- broadcast licensing
- Jimmy Kimmel
- legal fees
- DOJ
- media regulation
Mentioned in this episode
Organizations: ABC, FCC, DOJ, NRA, Vullo
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