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Why free speech rights got left out of the Constitution – and added in later via the First Amendment

Supporters of free speech gather in September 2025 to protest the suspension of 'Jimmy Kimmel Live!', across the street from the theater where the show is produced in Hollywood.

Why free speech rights got left out of the Constitution – and added in later via the First Amendment

Bipartisan agreement is rare in these politically polarized days.

But that’s just what happened in response to ABC’s suspension of “Jimmy Kimmel Live!” The suspension followed the Federal Communications Commission chairman’s threat to punish the network for Kimmel’s comments about Charlie Kirk’s alleged killer.

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Pam Bondi Made a Mockery of Congressional Oversight
President Donald Trump holds a press conference with Attorney ...

Pam Bondi Made a Mockery of Congressional Oversight

Checks and balances can only work if government officials are willing to use their authority to check abuses of power by others. Without that, our Constitution is an empty promise.

And without the will to stand up to such abuses, freedom and democracy also become empty promises. As James Madison wrote in Federalist 51, the Constitution was designed to ensure that “the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.”

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