Submission by Dr. Glenn Mollette
The First Amendment protects our free speech, but employers will always protect their bottom line.
To some extent, all of us face limitations and barriers. When he began his career, national radio personality Howard Stern couldn’t keep a job. His content was so raw and shocking that station owners and managers couldn’t afford to keep him—advertisers wouldn’t risk supporting him. Eventually, things changed. Enough listeners accepted Stern that he became hugely profitable. A massive contract with SiriusXM gave him a broad audience, allowed him to say whatever he wanted, and paid him handsomely. Since 2004, they have paid him hundreds of millions of dollars because his employer found him both profitable and popular.
Stern’s contract recently expired and has not been renewed. The decision won’t hinge on his freedom of speech but on whether he remains profitable for SiriusXM—which means he likely won’t be returning.
Jimmy Kimmel is also off the air—for now. He has been making a $15 million annual salary from Disney, which owns ABC and ESPN. For 20 years, he has appeared five nights a week, saying whatever he wanted. But after recent comments about Charlie Kirk, replayed numerous times on national TV, Disney decided to take his show down, possibly for good. Stations across the country told Disney they would not air Kimmel’s show after his remarks, and Disney listened. It was about money.
Disney exists to make big money. The Late Show with Stephen Colbert was losing $40 million a year, despite Colbert’s stronger ratings than Kimmel. The idea of losing millions more on Kimmel was unacceptable. If cable companies, local stations, and advertisers had applauded Kimmel, boosting ratings and profitability, Disney would have kept him on.
No employer will keep you on the payroll if your words are bankrupting the business. You may have the right to speak, but you could end up speaking from a street corner—without a paycheck—if your employer doesn’t like what you’re saying.
The minister of your local church may have the freedom to preach the Bible, yet he or she could still end up unemployed if they ruffle too many feathers in the congregation’s leadership. A politician may speak freely but only holds office if enough voters support them. You can walk into your workplace and say whatever you want about the company or your boss—but you’ll likely end up in the unemployment line. And without a reference, your next job interview will be even harder.
Yes, we have freedom of speech, but it comes with limitations and consequences. For most people, the only way to truly speak freely is to work for yourself. Even then, the risks are real.
There is almost always a price to be paid for freedom of speech. It is important. It is American. But your employer doesn’t have to agree with you—or keep you on the payroll.
