Was Firing Jimmy Kimmel Legal? Attorney Josh Kolsrud’s Take

Attorney Josh Kolsrud was asked to clarify the legal framework surrounding Jimmy Kimmel’s indefinite suspension from ABC—a decision that has ignited passionate discourse about the boundaries between free speech and employer prerogatives.

1. First Amendment Rights vs. Employer Control

Kolsrud stressed that the heart of the issue isn’t just whether Jimmy Kimmel has free speech rights—he pointed out, “Of course, he has the right to say anything under the First Amendment.” However, Josh nuanced this observation with the realities of employment law:

“There’s actually two questions here. Was [Kimmel] fired, or was his show cancelled organically because of public outrage? Or was it in response to external pressures, like potential FCC license issues prompted by political actors?”

 

Kolsrud flagged that if a governmental entity (such as the FCC under pressure from the administration) was compelling ABC to take action, “there could be some First Amendment issues.” However, if the decision was at the network’s discretion, then private employer rights are at play.

2. Employment Status: At-Will vs. For-Cause

Josh Kolsrud shed much-needed light on the employment relationship that dictates how and why someone can be let go, emphasizing:

“Employers either have at-will employees, who can be terminated for pretty much any reason, or employees under a for-cause contract, where only egregious actions justify firing, and there are usually due process protections.”

He explained that Kimmel was not technically “fired”—the show was “pulled indefinitely”—which suggests that employment status and contractual specifics matter greatly to the legal standing of the suspension.

3. Social Media: A Public Forum with Real Risks

With Kimmel’s comments and countless other firing controversies playing out online, Kolsrud compared social media to “yelling something at the top of your lungs in a crowded theater.” He cautioned:

“When you post something on social media and your boss sees it, that could give them reason or cause to fire you.”

 

The distinction between at-will and for-cause employment remains crucial here; in at-will scenarios, firings over social media comments are easier, while for-cause employees might find more protection—depending on the terms of their contract.

4. “Private” Accounts Offer Limited Protection

Josh also addressed the common misconception that private social media accounts are immune from workplace scrutiny:

“Once it gets to your boss's desk and he sees the conversation, it could lead to termination—especially if you’re at-will. For-cause employee contracts provide more protection, but even then, it can still be a fireable offense.”

 

Kolsrud’s Key Takeaway: Caution is Crucial

Summing up his legal guidance, Kolsrud advised:

“Be careful before you say or post something. If you don’t want it on the front page of the New York Times, don’t post it.”