Federal Communications Commissioner Anna M. Gomez issued a statement criticizing the Commission’s threats against ABC that, in part, led to the suspension of the “Jimmy Kimmel Live!” program. Her statement is as follows: “We cannot allow an inexcusable act of political violence to be twisted into ajustification for government censorship and control. First, an ABC reporter was told that his coverage amounted to hate speech and that he should be prosecuted simply for doing his job. Then, the FCC threatened to go after this same network, seizing on a late-night comedian’s inopportune joke as a pretext to punish speech it disliked. That led to a shameful show of cowardly corporate capitulation by ABC that has put the foundation of the First Amendment in danger.

“This FCC does not have the authority, the ability, or the constitutional right to police content or punish broadcasters for speech the government dislikes. If it were to take the unprecedented step of trying to revoke broadcast licenses, which are held by local stations rather than national networks, it would run headlong into the First Amendment and fail in court on both the facts and the law. But even the threat to revoke a license is no small matter. It poses an existential risk to a broadcaster, which by definition cannot exist without its license. That makes billion-dollar companies with pending business before the agency all the more vulnerable to pressure to bend to the government’s ideological demands.

“When corporations surrender in the face of that pressure, they endanger not just themselves, but the right to free expression for everyone in this country. The duty to defend the First Amendment does not rest with government, but with all of us. Free speech is the foundation of our democracy, and we must push back against any attempt to erode it.”