The First Amendment is a bedrock of American liberty, boldly protecting free speech from government overreach. In public squares, online platforms, or private conversations, individuals can express controversial, offensive, or unpopular views with robust constitutional backing. But step into the workplace, and the First Amendment’s shield often vanishes. In private-sector jobs, where most Americans work, free speech is sharply curtailed by legal, contractual, and cultural forces. Even public-sector employees face constraints that limit their expressive rights.

The First Amendment bars government restrictions on speech, not private employers. Private companies, like Disney-owned ABC, Kimmel’s employer, can discipline or fire employees for speech that conflicts with business interests or policies. Kimmel’s suspension from Jimmy Kimmel Live! followed remarks about the killing of conservative activist Charlie Kirk, deemed “insensitive” by Disney after backlash and pressure from the FCC and affiliates like Sinclair and Nexstar. Public-sector workers have limited protections for speech on public concerns (Pickering v. Board of Education, 1968), these rights are further curtailed if speech disrupts operations (Garcetti v. Ceballos, 2006).

Employer Power: Private employers prioritize productivity and reputation. Kimmel’s comments sparked protests and affiliate boycotts, prompting Disney to suspend him to protect its brand.

Legal Obligations: Title VII of the Civil Rights Act requires workplaces to prevent harassment or discrimination. Speech deemed offensive, like remarks creating a hostile environment, can lead to discipline to avoid lawsuits.

At-Will Employment: In most states, employers can fire at-will employees for any reason, including speech. Kimmel’s reinstatement after “thoughtful conversations” with Disney was an exception, not a rule, driven by public outcry from celebrities like Robert De Niro and Ben Affleck.

Private employers and platforms (e.g., ABC, Twitter, Facebook) can restrict speech to protect business interests, comply with laws like Title VII (preventing workplace harassment), enforce vague conduct policies, or respond to public pressure. At-will employment allows firings for any reason, including speech, absent specific protections. The National Labor Relations Act offers narrow safeguards for labor-related speech, leaving most expressions vulnerable.

A Partial List of Conservative Figures that were Censored, Fired or Deplatformed for utilizing the First Amendment.

1. Donald Trump: Banned from Twitter, Facebook, and Instagram in January 2021 after the Capitol riot, with platforms citing incitement risks. Twitter’s statement noted Trump’s tweets posed a “risk of further incitement of violence.” As private entities, these platforms faced no First Amendment obligations. Trump’s bans held until X’s ownership change.
2. Tucker Carlson: Fired by Fox News in April 2023 post-Dominion settlement ($787.5M) over election fraud claims on his show. Internal messages revealing inflammatory remarks also contributed. Fox, a private entity, acted to protect financial interests, unaffected by First Amendment constraints.
3. Sebastian Gorka: Banned from YouTube in 2022 for election-related misinformation. Google’s 2025 admission of Biden administration pressure to censor conservative voices, including Gorka’s, highlights external influence on private platforms, though reinstatements were offered.
4. Steve Bannon: Deplatformed by YouTube in 2021 for inciting violence post-January 6. His podcast, War Room, faced further restrictions on other platforms for election and COVID-19 claims, showing how conservative voices are targeted under “misinformation” policies.
5. Alex Berenson: Suspended from Twitter in August 2021 for COVID-19 vaccine skepticism. House Judiciary Committee documents later revealed Biden administration pressure on Twitter to censor him, underscoring government influence on private platforms’ decisions.
6. The Babylon Bee (Conservative Satire Outlet) Suspended from Twitter in 2022 for a satirical post naming Adm. Rachel Levine as “Man of the Year,” flagged for violating “hateful conduct” policies. Reinstated after Elon Musk’s acquisition of Twitter. Also faced content moderation on Bluesky for posts labeled as “intolerance.”
7. Project Veritas (Activist Journalism Organization) Permanently banned from Twitter on February 11, 2021, for allegedly violating policies on sharing private information without consent, though founder James O’Keefe claimed the ban was politically motivated.
8. Mike Lindell (MyPillow CEO) Permanently banned from Twitter on January 26, 2021, for “repeated violations” of the platform’s civic integrity policy, likely related to claims about the 2020 election.
9. Emerald Robinson (Newsmax Correspondent) Suspended from Twitter on November 9, 2021, after posting about vaccines and social credit systems, which was flagged as misinformation.
10. Edward Durr (New Jersey Political Candidate) Twitter and Facebook accounts removed on November 5, 2021, for unspecified reasons during a tight state Senate race.
11. One America News Network (OANN) (Conservative News Outlet) Suspended from Twitter for 11 hours on February 4, 2021, for posting Mike Lindell’s “Absolute Proof” video about the 2020 election, deemed “dangerous” by Twitter.
12. Alex Berenson (Conservative Reporter) Reportedly censored on Twitter in August 2022 for posts about COVID-19 and vaccines, with White House communications allegedly influencing the decision, as per internal documents.
13. The Heritage Foundation (Conservative Think Tank) In 2021, Amazon censored advertising for a book by Heritage Fellow Mike Gonzalez, citing “controversial or highly debated social topics.”
14. New York Post (Conservative-Leaning Newspaper) Twitter censored its October 2020 story about Hunter Biden’s laptop, despite the article not violating any explicit policies, as admitted by former Twitter executives.
15. Doug Mastriano (Pennsylvania State Senator) Suspended from Twitter on November 25, 2020, after investigating 2020 election fraud claims.
16. Scott Baio (Actor) Blacklisted or “cancelled” in Hollywood after speaking at the 2016 Republican National Convention in support of Donald Trump, leading to a career decline with no acting jobs since around 2017; he has cited this as the direct cause, including receiving death threats for his support. Additionally, in October 2020, Twitter issued a “read before you tweet” warning on his retweet of a Fox Business article about his comments on a “Happy Days” reunion and Hollywood liberals, which he described as “liberal censorship” of conservative voices.
17. Nick Sandmann (Covington Catholic High School Student) Faced nationwide media backlash and cancellation in January 2019 after a viral video from a school March for Life trip showed him standing near Native American activist Nathan Phillips at the Lincoln Memorial, portrayed as racist staring while wearing a MAGA hat; this resulted in doxxing, death threats, school class cancellations, expulsion demands, and public denunciation by his diocese. He later sued media outlets like CNN and The Washington Post for defamation, resulting in settlements.